Shaw v. Kinney

THOMAS, Justice.

The appeal presents the question of the priority of two mortgages.; The cause was tried on an agreed statement of facts. The judgment was by the court without a jury.

The decisions, before the amendment of the statute (section 9008, Code), are to the effect that, where a mortgage is given on land and on a crop grown during the year in which such mortgage was executed and each successive year thereafter, until that indebtedness is paid, the legal title was conveyed for the year the mortgage was executed and an equitable lien on the crops grown on such land during subsequent…