Borgen v. Auguski

MORIARTY, C.

The appellant sued one Auguski for money due as rentals for land owned by appellant and occupied by Auguski.

During the years 1920 and 1921 Auguski occupied the land *66under a written lease, which contained provisions constituting a chattel mortgage on the crops of 1920 and 1921. The evidence shows that it was agreed that Auguski should farm the land during 1922 upon the same terms as were contained in the written ■lease. This agreement was entirely oral, and there was nothing that would constitute a mortgage on the 1922 crop, as against third parties. The Crooks State Bank held…