Miller v. McCormick Harvesting Machine Co.
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Houston county, to recover the possession of certain wheat, which had been raised by one Donahoe, on his land, in the year 1884. The plaintiffs claim title under a chattel mortgage given by Donahoe to the plaintiffs, on October 2, 1884, and filed on the same day.
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Plaintiff brought this action in the district court for Houston county, to recover the possession of certain wheat, which had been raised by one Donahoe, on his land, in the year 1884. The plaintiffs claim title under a chattel mortgage given by Donahoe to the plaintiffs, on October 2, 1884, and filed on the same day. The defendant the McCormick Harvesting Machine Co. claims title under a chattel mortgage given by Donahoe on July 9, 1883, on “all crops of every nature and kind to be placed” by Donahoe, during 1884 and 1885, on the land upon which the wheat in controversy was raised, which…
1Opinion of the CourtBerry, J.
That a chattel mortgage of crops to be grown by the mortgagor on land in his possession is valid, must be regarded as settled in this court by Minnesota Linseed Oil Co. v. Maginnis, 32 Minn. 193, (20 N. W. Rep. 85.) And this brings us to the remaining question in the case, viz., whether our statute as to filing chattel *400mortgages is applicable to a mortgage of future crops the seed of which has not been sown at the time when the mortgage is executed, and which are therefore not then literally in esse. We think it is. The statute (Gen. St. 1878, c. 39, § 2, as amended by Laws 1883, c. 38, § 1)…
2Cases cited4 opinions
- Wheeler v. BeckerSupreme Court of Iowa · 1886
- Van Hoozer v. CoryNew York Supreme Court · 1860
- Keenan v. StimsonSupreme Court of Minnesota · 1884
- Minnesota Linseed Oil Co. v. MaginnisSupreme Court of Minnesota · 1884
3Cited by5 opinions
- Ludlum v. RothschildSupreme Court of Minnesota · 1889
- Leitch v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1905
- Johnson v. American InsuranceSupreme Court of Minnesota · 1889
- Close v. HodgesSupreme Court of Minnesota · 1890
- Griffin v. Minnesota Sugar CompanySupreme Court of Minnesota · 1925