Fountain v. Fountain

The cropper executed a mortgage upon his interest in the growing crops. • To the levy of the mortgage execution the landlord filed a claim. When the case was here before (7 Ga. App. 361, 66 S. E. 1020), the court held that the mortgage was valid and enforceable, and that the landlord could not, even with the cropper’s consent, defeat the mortgage by applying the mortgaged property to an indebtedness created for supplies furnished the year before. At the second trial it was admitted that at the time of the levy the crop mortgaged was ungathered in the field, and no division had been made…