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.
Structure Code of Alabama
Chapter 9 - Landlord and Tenant.
Article 2 - Liens of Landlord.
Division 1 - Liens for Advances and Rent of Lands.
Section 35-9-30 - Lien Declared.
Section 35-9-31 - Maturity of Rent and Advances.
Section 35-9-32 - Continuation of Lien and Attachment to Crop of Succeeding Year.
Section 35-9-33 - Assignment of Claim for Rent and Advances.
Section 35-9-34 - When Lien May Be Enforced by Attachment.
Section 35-9-35 - Affidavit and Bond.
Section 35-9-36 - Issuance and Return of Attachment; Trial; Property Leviable.
Section 35-9-37 - Relation Between Party Furnishing Land and Party Furnishing Labor.
Section 35-9-38 - Failure or Refusal of Tenant to Plant Crop.
Section 35-9-39 - Levy Upon Crop of Subtenant.
Section 35-9-40 - Subrogation of Subtenant to Rights, Liens, and Remedies of Landlord.
Section 35-9-41 - Right of Subtenant to Require Attachment Against Tenant in Chief.
Section 35-9-42 - Applicability of Division to Tenant in Chief and Subtenant.