35-9-41
Section 35-9-41 Right of subtenant to require attachment against tenant in chief. The subtenant
may notify the superior landlord, or his assignee, of the existence of any one of the several
causes authorizing the issue of an attachment against the crop of the tenant in chief and
if such notice is given, and an affidavit is made by the subtenant before an officer authorized
by law to administer oaths, setting forth the existence of any one of such causes, and is
served by the subtenant, in person, or by his agent, on such landlord, or his assignee, at
the time the notice is given, and the landlord, or his assignee, fails or refuses to proceed
within a reasonable time thereafter against the crop of the tenant in chief, he thereby loses
his right to proceed against the crop of the subtenant for any deficiency in the crop of the
tenant in chief to satisfy his claim, insofar as that deficiency resulted from such failure
or refusal to proceed. (Code 1876, §3477; Code 1886, §3067; Code...
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35-9-39
Section 35-9-39 Levy upon crop of subtenant. When lands are cultivated by a subtenant, and
an attachment or other process is sued out by the superior landlord, or his assignee, for
the purpose of enforcing his lien for rent and advances, or either, the crop of the tenant
in chief must first be exhausted, before levy is made on the crop of the subtenant; but if
the tenant in chief makes no crop, or if the crop made by him is not sufficient to satisfy
the plaintiff's demand, then a sufficient amount of the crop of the subtenant may be levied
on to supply the deficiency; and any levy made in violation of this section may be vacated
on motion, at the first session of the court thereafter. (Code 1876, §3476; Code 1886, §3066;
Code 1896, §2713; Code 1907, §4744; Code 1923, §8810; Code 1940, T. 31, §25.)...
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35-9-34
Section 35-9-34 When lien may be enforced by attachment. The landlord, or his assignee, may
have process of attachment for the enforcement of his lien for rent and advances, or either,
when such rent and advances, or either, as the case may be, are due and the tenant fails or
refuses, after demand made, to pay the same; and also in the following cases, whether such
rent and advances, or either, are due or not: (1) When there is good cause to believe that
the tenant or subtenant is about to remove from the premises, or otherwise dispose of any
part of the crop, without paying such rent and advances, or either, and without the consent
of the landlord, or of the assignee, when the claim has been assigned. (2) When the tenant
or subtenant has removed from the premises, or otherwise disposed of any part of the crop
without paying such rent and advances, or either, and without the consent of the landlord,
or of the assignee, when the claim has been assigned. (3) When the tenant or subtenant...

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35-9-40
Section 35-9-40 Subrogation of subtenant to rights, liens, and remedies of landlord. Any subtenant
who pays or discharges any debt or lien which the landlord has against the tenant in chief,
by contract, judicial process, or otherwise, shall be subrogated to the rights, liens, and
remedies, which the landlord had against the tenant in chief as to such debt or lien so paid
or satisfied, or he may set off such debt, claim, or demand so paid or discharged by him against
any claim, debt, or demand which the tenant in chief may have against such subtenant. (Code
1923, §8811; Code 1940, T. 31, §26.)...
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35-9-32
Section 35-9-32 Continuation of lien and attachment to crop of succeeding year. When the tenant
fails to pay any part of such rent or advances, and continues his tenancy under the same landlord,
on the same or other lands, the balance due therefor shall be held and treated as advances
to him by the landlord for the next succeeding year, for which the original lien for advances,
if any remain unpaid, shall continue on the articles advanced, or property purchased with
money advanced, or obtained by barter in exchange for articles advanced, and for which a lien
shall also attach to the crop of such succeeding year. (Code 1876, §3469; Code 1886, §3058;
Code 1896, §2705; Code 1907, §4736; Code 1923, §8801; Code 1940, T. 31, §17.)...
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6-6-287
Section 6-6-287 Joinder of landlord as party defendant; continuation of action against tenant.
(a) When the land, the subject matter of the action, is in the possession of a tenant, the
landlord may be joined with the tenant as a party defendant. (b) When the action is against
a tenant, the landlord must be made a party to the action on motion of the tenant, or upon
the landlord's motion to intervene supported by his pleading showing, as a part thereof, that
the defendant is his tenant by demise in writing or is in the occupancy of the land sued for
with his consent, or of some portion thereof, which should be specified. When it appears to
the satisfaction of the court that the landlord is a nonresident, the action shall proceed
without delay against the tenant. (Code 1852, §2205; Code 1867, §2606; Code 1876, §2955;
Code 1886, §2700; Code 1896, §1534; Code 1907, §§3840, 3844; Code 1923, §§7454, 7458;
Code 1940, T. 7, §§939, 943.)...
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35-9-60
Section 35-9-60 Lien declared. The landlord of any storehouse or other building shall have
a lien on the goods, furniture, and effects belonging to the tenant, and subtenant, for rent,
which shall be superior to all other liens, except those for taxes, and except as otherwise
provided in Section 7-9A-333. In case the tenant or subtenant is adjudged a bankrupt, such
lien on such goods, furniture, and effects of the bankrupt shall, as against the trustee in
bankruptcy, attach only for unpaid rent accrued and which shall accrue within six months from
the date of adjudication computed pro rata at the then current rate. The lien amount accrued
and to accrue shall not be increased by reason of any default or breach of contract by the
bankrupt. From the amount of such lien, so computed, the trustee in bankruptcy may deduct
all payments and all demands which could be legally set up against the landlord by way of
counterclaim. If the trustee in bankruptcy shall dispose of the lease as an asset...
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35-9-11
Section 35-9-11 Right of landlord to enforce lien against sublessees or assignees. In all cases
when the demised premises shall be sublet, or the lease is assigned, the landlord shall have
the same right to enforce his lien against the sublessee or assignee, that he has against
the tenant to whom the premises were demised. (Code 1923, §8829; Code 1940, T. 31, §12.)...

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35-9-38
Section 35-9-38 Failure or refusal of tenant to plant crop. In any case in which a tenant of
farm lands shall fail or refuse, without just cause or excuse, to prepare the land and plant
his crops, or a substantial portion of such crops to be grown as are usually planted by that
time, on or before March 20, he may, at the election of the landlord, be required to surrender
and vacate the rented premises, and upon making such election, and upon notice thereof to
the tenant, the landlord may proceed to recover possession of the rented premises by an action
of unlawful detainer. (Acts 1915, No. 709, p. 808; Code 1923, §8808; Acts 1931, No. 353,
p. 410; Code 1940, T. 31, §24.)...
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35-9-42
Section 35-9-42 Applicability of division to tenant in chief and subtenant. The provisions
of this division shall apply to parties occupying the relation of tenant in chief and subtenant.
(Code 1876, §3478; Code 1886, §3068; Code 1896, §2715; Code 1907, §4746; Code 1923, §8813;
Code 1940, T. 31, §28.)...
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