Lundee v. Talbot
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B\ Grace, Judge; 1. Mortgages on crops unplanted are valid in this State. 32 Ark. 598; 52 Id. 439; 97 S. W. 440; 35 Ark. 304. 2. All crops raised--by McKenzie, -or -caused to be raised or grown,, or that may accrue to him as rent due by cotton, money or -otherwise were covered by -this mortgage, and parol evidence was admissible to identify the cotton. 5 Am. & Eng.
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Appeal from Jefferson Circuit Court; Antonio B\ Grace, Judge; 1. Mortgages on crops unplanted are valid in this State. 32 Ark. 598; 52 Id. 439; 97 S. W. 440; 35 Ark. 304. 2. All crops raised--by McKenzie, -or -caused to be raised or grown,, or that may accrue to him as rent due by cotton, money or -otherwise were covered by -this mortgage, and parol evidence was admissible to identify the cotton. 5 Am. & Eng. Enc. 964; 51 Ark. 410; 52 Id. 371. The proof sufficiently shows that the cotton was covered by .the mortgage. The cotton is not shown to have -been raised by McKenzie upon the S. A.…
1Opinion of the CourtHirr, C. J.
B. E. McKenzie executed a mortgage to Tundee, Chapm-an & Company upon the following property, among other, to-wit: “The entire crops -of cotton, corn, fodder, cotton seed, hay and all farm products 'he -may raise or cause to be raised or grown during the year 1903 on lands owned by Mrs. S. A. McKenzie and known as the “Tanner Place” in said county of Jefferson and State of Arkansas, or any other lands in said county of Jefferson or any other county which be -may cultivate or -cause to be cultivated during said year, or that may accrue t-o him as rent due by cotton, money or otherwise.”
McKenzie…
2Cases cited2 opinions
- Blakemore v. EagleSupreme Court of Arkansas · 1905
- Delta Cotton Co. v. Arkansas Cotton Oil Co.Supreme Court of Arkansas · 1906