Nicholson v. Peoples Nat. Bank

Opinion by

RAT, C.

The question to be decided is, when simplified, whether' a growing peach crop is real or personal property.

J. J. McGill, being the owner and in possession of SO acres of land, and indebted to the Peoples National Bank, on the 3rd day of January, 1924, mortgaged certain described live stock, farming implements, all crops planted, or to be planted, in the year 1924, and “the product of all fruit crops that I may raise during the season of 1924.” The mortgage was executed in the form of a chattel mortgage, and the next day, January 4th, was deposited in the office of the county…