Whatley v. Virginia-Carolina Chemical Co.

Defendants were sued upon a promissory note dated May 28, 1919, for the purchase-price of fertilizer, which note included a mortgage whereby one of the signers of the note mortgaged to the payee “ all crops of cotton or corn, or other agricultural products grown or cultivated” by him in the county stated, “for the year 1919.” The instrument was attested by only one witness and was not recorded. The mortgagor defendant filed no defense. The other defendant signing the note filed a plea that he had received no benefit from the fertilizer and signed only as surety, and that the plaintiff, by…