Contents of affidavit; proceedings

58-2528. Contents of affidavit; proceedings. In an action to enforce a lien on crops for rent of farming lands, the affidavit for an attachment shall state that there is due from the defendant to the plaintiff a certain sum, naming it, for rent of farming lands, describing the same, and that the plaintiff claims a lien on the crop made on such land. Upon making and filing such affidavit and executing an undertaking as prescribed in the preceding section, an order of attachment shall issue as in other cases, and shall be levied on such crop, or so much thereof as may be necessary; and all other proceedings in such attachment shall be the same as in other actions. History: G.S. 1868, ch. 55, § 28; October 31; R.S. 1923, 67-528. Source or prior law: L. 1862, ch. 132, § 3. Law Review and Bar Journal References: "Kansas's Unique Treatment of Agricultural Liens," Keith G. Meyer, 53 K.L.R. 1141 (2005). CASE ANNOTATIONS 1. Attachment may be issued after action is commenced. Neifert v. Ames, 26 Kan. 515. 2. Grain rent; attachment sustained. Tarpy v. Persing, 27 Kan. 745. 3. Attachment covers sufficient property to satisfy both rent and costs. Conwell v. Kuykendall, 29 Kan. 707. 4. Attachment issued for rent, subject to general rule concerning discharge. Clark v. Montfort, 37 Kan. 756, 15 P. 899. 5. Affidavit failing to state rent claimed not void, when; property which may be taken under attachment. Eckhardt v. Taylor, 90 Kan. 698, 699, 136 P. 218. 6. Agreement providing tenant shall market crop; attachment improper. Coulson v. Hinton, 110 Kan. 653, 657, 205 P. 619. 7. Cash rent lien unenforceable by replevin of tenant's share of crop. Johnson v. Beach, 146 Kan. 781, 782, 73 P.2d 1040.