Elmore Jameson Co. v. Smith

J.—The above-numbered actions were consolidated on appeal. One action, commenced July 1, 1932, was an ordinary action upon a promissory note and to foreclose a crop mortgage dated July 19, 1929, executed by Leslie Smith, mortgagor, to John J. Elmore, mortgagee, which mortgage was given as security for its payment upon all crops to be grown upon certain premises in Imperial County during the term of a certain lease held by the mortgagor from David N. Barry and George Diddock.

Plaintiff sought a restraining order and applied for the appointment of a receiver. Leslie Smith and Grace Smith, by way…