Shell v. Guthrie

*633The opinion of the court was delivered by

Dawson, J.:

The question in this appeal involves the relative potency of a chattel mortgage on a quantity of wheat compared with that of a landlord’s lien thereon for the payment of rent of the farm where the wheat was grown.

The facts were these: C. H. Guthrie owned a farm of 480 acres in Hodgeman county. He leased it to one Burnham for one year for the consideration of one-fourth of the grain grown on the arable land and $250 in money for the grass land and buildings. The lease was in writing, and the lands were defined thus: South sec. 28-23-26, and…