Cooper v. Turnage
Mississippi Supreme Court
Error to the Circuit Court of Lealce County; Hon. W. B. CUNNINGHAM, Judge. On January 18, 1875, J. L. Jordan recovered judgment against M. A. Tate and J. H. Carpenter, in a justice’s court, for $95.29, which was enrolled March 12, 1875; October 1, 1875, execution was levied on fifty bushels of corn, and 500 pounds, of seed cotton, as the property of Tate, being the crop grown by him in the year 1875. W. B. Turnage claimed the property, under a purchase from Tate on September…
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Error to the Circuit Court of Lealce County; Hon. W. B. CUNNINGHAM, Judge. On January 18, 1875, J. L. Jordan recovered judgment against M. A. Tate and J. H. Carpenter, in a justice’s court, for $95.29, which was enrolled March 12, 1875; October 1, 1875, execution was levied on fifty bushels of corn, and 500 pounds, of seed cotton, as the property of Tate, being the crop grown by him in the year 1875. W. B. Turnage claimed the property, under a purchase from Tate on September 27, 1875. Tate had executed to Turnage a deed of trust to secure $200’ loaned money, dated March 12, 1875, and recorded…
1Opinion of the CourtChalmers, J.
The sole question presented is as to the precedence of lien on an. ungrown crop, as between a senior judgment and a. *433junior trust deed, executed by virtue of the statute authorizing the mortgaging of crops fifteen months in advance of their growth.
In the case at bar the judgment (from a magistrate’s court) was enrolled 12th March, 1875. The trust deed was executed on the same day, but not recorded until 17th of April. The crop was not in esse at the last-mentioñed date. The question presented is important and of first impression, but not believed to be difficult.
Judgment liens take effect as…
2Cases cited1 opinion
- Cayce v. StovallMississippi Supreme Court · 1874
3Cited by5 opinions
- Candler v. CromwellMississippi Supreme Court · 1911
- R. F. Walden & Co. v. YatesMississippi Supreme Court · 1916
- In Re ShaversUnited States Bankruptcy Court, S.D. Mississippi · 2009
- Harris v. HarrisMississippi Supreme Court · 1928
- R. F. Walden & Co. v. YatesMississippi Supreme Court · 1916