Legal Opinion
Waterman v. Green
California Supreme Court
Decided July 15, 1881No. 7,197PublishedCited by 2 opinions
Appeal from a judgment for the defendants and from an order denying a motion for a new trial in the Superior Court of San Mateo County. Head, J. A petition for rehearing was in this case made and denied.
1Opinion of the Court
The Court:
The grain seized under the attachment was three miles away from the land of the mortgagor. By a former statute it was provided that the lien of a mortgage upon a growing crop should cease when the crop was harvested. Held, that the lien ceased when the crop was severed from the land. (Goodyear v. Williston, 42 Cal. 11.)
Section 2972 of the Civil Code keeps alive the lien of such a mortgage upon a crop only “so long as the same remains on the land of the mortgagor.”
Judgment and order affirmed.
2Cases cited1 opinion
- Goodyear v. WillistonCalifornia Supreme Court · 1871
3Cited by2 opinions
- Horgan v. ZanettaCalifornia Supreme Court · 1895
- Byrnes v. HatchCalifornia Supreme Court · 1888