Necessarily, where there is an express agreement or implied understanding to the contrary, the very foundation of the common law rule fails, and the occupant is required to pay for the use of the property in accordance with the understanding of the parties. 62 C.J. 447; 11 Tex. Jur. 463; Rosamond v. Rosamond, 120 S.W. 520; Anderson v. Clanch, 6 S.W. 760; Neil v. Shackleford, 45 Tex. 119. The evidence shows that the land in question was tillable and evidently very productive.