City Bank & Trust Co. v. Dark Tobacco Growers' Co-Operative Ass'n

Opinion op the Court by

Judge Dietzman

Reversing.

Tbe appellant brought this suit to foreclose a mortgage taken by it in 1923 on a crop of tobacco grown in that year by the' mortgagors. A specific attachment was obtained. The mortgagors made no defense to this action which was .instituted during the vacation of the circuit court. Circuit court convening shortly thereafter, the appellee filed its intervening petition and asked to be made a party to the foreclosure suit. By its intervening petition, appellee averred that prior to the mortgage of their crop to appellant the mortgagors had pooled it…