Blattler v. Westerman

The opinion of the court was delivered by

Harvey, J.:

This action involves the respective rights of a creditor who attached a crop of growing wheat and of mortgagees whose mortgages on the wheat were given after the attachment. The trial court held for the mortgagees, and the attachment creditor has appealed.

Plaintiff owned a half section of farm land which he rented to Harold L. Westerman, who, in the fall of 1928, sowed 300 acres of the land to wheat. Soon thereafter Westerman went to Colorado, where he has since lived. On February 27, 1929, while the wheat sown by Westerman was growing and…