Broughton v. Powell

The foundation of the plaintiff’s title to the cotton, which is the subject of this suit, was a conveyance by mortgage of the cotton to him by one Sam Bonham. Bonham had raised the cotton on land rented by him from one Baine, and had delivered it to the plaintiff under the mortgage.

The defendant claimed the cotton under a prior mortgage which had been executed to him by Baine, the landlord of Bonham, and had obtained possession of the cotton by threats of violence.

Did Baine have any title to or interest in the cotton of his tenant which could be the subject of a valid mortgage ? This question…