Gillett v. Talley

McCLENDON, Chief Justice.

This appeal involves a controversy between Gillett, landlord of Talley, and the bank (First State Bank of Mathis), holder of a crop mortgage given by Talley, as to whether Gil-lett had a landlord’s lien upon 15 bales of cotton to secure Talley’s note for $1,228.72. In a trial to the court without a jury the judgment was in favor of the bank, and Gil-lett has appealed.

The controlling facts, which were without dispute, except where noted, follow:

Gillett owned 400 acres of land upon which Talley was his tenant during the years 1928 and 1929. In August, 1929, Talley was…