Waters v. B. F. Ellington & Co.

(after stating the facts as above). The parties to the case agree that the only questions involved in the appeal are (1) whether or not the plaintiff, B. F. Ellington & Co., had a valid and subsisting lien on the crops produced in 1925 by the defendant, Virgil J. Waters; and (2) whether or not the lien could be legally forclosed in a suit instituted after Virgil J. Waters had been adjudged a bankrupt and had been granted a discharge in bankruptcy.

First, The trial court correctly decided that B. F. Ellington & Co. had a valid and enforceable chattel mortgage lien on the crops produced during…