Womach v. Thomas

HARTNETT, Vice Chancellor.

The issue presented is whether the title to growing crops passes with the title to the land upon a mortgage foreclosure sale. I hold that it does. The plaintiffs are the mortgagees in the mortgage and the purchasers of the real estate at the foreclosure sale. The plaintiffs claim that title to the unsevered crops passed to them as the purchasers of the land. The defendants— the mortgagors — claim that the crops were mature and ready for harvesting at the time of the foreclosure sale and that title to the crops, therefore, did not pass upon sale of the land but…