All persons leasing or renting agricultural lands, at will or for a term, shall have a preference lien upon the property of the tenant hereinafter indicated, upon such premises, for any rent that may become due and for all money and the value of all animals, tools, provisions and supplies furnished by the landlord to the tenant to enable the tenant to make a crop on such premises, and to gather, secure, house and put the same in condition for market, the money, animals, tools, provisions and supplies so furnished being necessary for that purpose, whether the same is to be paid in money, agricultural products or other property; and this lien shall apply only to animals, tools and other property furnished by the landlord to the tenant, and to the crop raised on such rented premises.
History: Laws 1921, ch. 182, § 1; C.S. 1929, § 82-101; 1941 Comp., § 48-1501; 1953 Comp., § 61-6-1.
ANNOTATIONSCross references. — For priority of threshing liens, see 48-5-3 NMSA 1978.
For rentals for lease of state lands, lien, see 19-7-34 NMSA 1978.
Landlord's lien statute has no application to the relation of vendor and vendee but only to that of landlord and tenant. Snipes v. Dexter Gin Co., 1941-NMSC-040, 45 N.M. 475, 116 P.2d 1019.
Lien superior to subsequent chattel mortgage. — The preference lien inuring to a landlord under this section, for moneys and supplies furnished the tenant in the production of crops, is superior to the lien of a chattel mortgage on such crops given by the tenant subsequent to creation of the tenancy. Farmers' Cotton Fin. Corp. v. Cotton Fin. & Trading Corp., 1933-NMSC-008, 37 N.M. 101, 18 P.2d 1027.
No legislative intent lien have priority over prior chattel mortgage. — There is nothing which indicates a legislative intent to give to a landlord's lien upon crops grown on leased or rented premises and fed to livestock belonging to the tenant, priority over and above a chattel mortgage lien covering the livestock at the time the tenant brought such livestock onto the leased premises. U.S. v. Evans, 245 F.2d 681 (10th Cir. 1957).
Sale in excess of lien not conversion as to subordinate mortgagee. — Where a landlord holding a lien under this section, far exceeding in amount the value of all crops raised by tenant, with the latter's consent, either express or implied, takes possession of such crops, harvests and markets same, and applies proceeds toward satisfaction of his lien, he is not guilty of conversion as against a third person holding chattel mortgage on same crops, subordinate to landlord's lien for advancements. And if the landlord is not guilty of conversion, a fortiori his transferee of such crops cannot be. Farmers' Cotton Fin. Corp. v. Cotton Fin. & Trading Corp., 1933-NMSC-008, 37 N.M. 101, 18 P.2d 1027.
Law reviews. — For article, "The Warehouseman vs. the Secured Party: Who Prevails When the Warehouseman's Lien Covers Goods Subject to a Security Interest?" see 8 Nat. Res. J. 331 (1968).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture §§ 12 to 15; 49 Am. Jur. 2d Landlord and Tenant §§ 686, 700, 701.
Statutory lien upon crops removed from premises, 9 A.L.R. 305, 96 A.L.R. 249.
Priority of landlord's lien as against chattel mortgage, 37 A.L.R. 400, 52 A.L.R. 935.
Warehouse Receipts Act as affecting landlord's lien on property represented by receipts, 61 A.L.R. 952.
Property covered by landlord's lien, 96 A.L.R. 249.
Landlord's acceptance of chattel mortgage, or conditional sales contract, as waiver of landlord's lien, 96 A.L.R. 568.
Subrogation of lessee in respect of liens superior to his lease, 1 A.L.R.2d 286.
What constitutes theft within automobile theft insurance policy - modern cases, 67 A.L.R.4th 82.
3 C.J.S. Agriculture §§ 105, 116; 52A C.J.S. Landlord and Tenant §§ 817 to 820.