Faulk v. Dorsey

BOULDIN, Justice.

The judgment for review was rendered on a trial of the right of property in detinue. Code, § 7403.

Plaintiff and claimant each, asserted title under a crop mortgage, made by the same mortgagor. Both mortgages were executed before the crops were grown, but after the first day of January of that year. Plaintiff’s was the senior mortgage, and was duly recorded.

The chief issue of fact was whether plaintiff had a valid mortgage on this crop.

It appears the printed form of mortgage with very extended coverage included crops of the mortgagor, J. H. Wise, to be grown “during the years…