Johnson v. Pruitt

FOSTER, Justice.

This is an action by a mortgagee against the purchaser of four bales of cotton grown by the’mortgagor, and subject to the mortgage.

The defense here material to be considered was that the cotton was also subject to a landlord’s lien for rent, and that she gave instructions to the tenant to sell the cotton in such manner and form and at such time as to protect the purchaser under her superior lien. There seems to he no contention hut that the tenant, mortgagor,' owed the landlord as rent one-fourth of the cotton, and one-fourth of the corn grown on the premises, and that she had…