First Carolinas Joint Stock Land Bank of Columbia v. Page

Stacy, C. J.'

Who is entitled to the crops growing on the land at the time of the foreclosure, the plaintiff or the defendants ?

It may be observed in the outset that when the land in question was leased to the defendants, January, 1931, the mortgagor was in possession with the right to “hold and enjoy the said premises” under the express terms of plaintiff’s deed of trust, and it was contemplated by the parties that the mortgagor should either cultivate the farm himself or lease it for farming purposes, for it is further stipulated that the rents and income from said premises are thereby…