John Smith Co. v. Hardin

Smith made a contract with Hardin Brothers under the terms of which the latter were to sow to wheat certain of the former’s lands, the tenant to receive two-thirds of the crops raised and the landlord to receive one-third, the same to be delivered to him in a warehouse to be agreed on. About the same time, the tenant, so-called, mortgaged to John Smith Company, a corporation, the 1920 crop of wheat to be raised on the land in question, to secure certain considerable sums of money. Later the John Smith Company brought this suit to foreclose its mortgage on the 1920 crop of wheat. By means of…