Lovehsohn v. Ward
California Supreme Court
Appeal from the District Court ot the Second Judicial District, County oí Tehama. Replevin to recover one hundred and seventy-iour sacks of peanuts or the value thereof. Ah Chong had a verbal lease of the land hereinafter described, from the defendant Whipple, and was growing peanuts thereon.
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Appeal from the District Court ot the Second Judicial District, County oí Tehama. Replevin to recover one hundred and seventy-iour sacks of peanuts or the value thereof. Ah Chong had a verbal lease of the land hereinafter described, from the defendant Whipple, and was growing peanuts thereon. Being indebted to the plaintiffs, he, on the 22d day ot August, 1870, gave them a mortgage on the crop growing on the south half of the northwest quarter of section two, township twenty-five north, range two west; which mortgage was recorded two days thereafter, and the plaintiffs put a man in charge of…
1Opinion of the Court
By the Court:
We are of opinion that when Ward received the possession of the growing crops under an agreement with the owner that he should gather them and apply them to the payment of the debt due to him, he thereby acquired a lien upon such crops and a right to their possession which was superior to that subsequently acquired by the plaintiff under the mortgage of October nineteenth, taken as it was with the notice of the rights of Ward. The judgment, however, which the defendant, Ward, obtained against the plaintiffs cannot be supported. The action is in replevin, and the subject matter of…
2Cited by9 opinions
- People v. GrantIllinois Supreme Court · 1974
- McCormick Harvesting Machine Co. v. HillMissouri Court of Appeals · 1904
- Blair v. A. Johnson & SonsTennessee Supreme Court · 1903
- Misek v. O'SheaOregon Supreme Court · 1900
- Ackerman v. SchultzCalifornia Supreme Court · 1918
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