Reily v. Carter
Mississippi Supreme Court
From the circuit court of Wilkinson county. Hon. W. P. Cassidy, Judge. All facts involved in the controlling question appear in the opinion of the court. In the court below, counsel for appellee cited authorities holding that purchasers under judgment at execution sale were not entitled to growing crops. There is a distinction between such cases and the one here. The judgment is only a lien upon the land, but a mortgage or deed of trust is an estate in the land.
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From the circuit court of Wilkinson county. Hon. W. P. Cassidy, Judge. All facts involved in the controlling question appear in the opinion of the court. In the court below, counsel for appellee cited authorities holding that purchasers under judgment at execution sale were not entitled to growing crops. There is a distinction between such cases and the one here. The judgment is only a lien upon the land, but a mortgage or deed of trust is an estate in the land. And, in the latter case, the purchaser is entitled to the crops. See 2 Minor’s Institutes, 106-41 to 4K; 2 Jones on Mort., sec.…
1Opinion of the CourtWhitfield, J.
The first sale under the foreclosure of the first trust deed took place January 4, 1896, and was confirmed, deed being executed and delivered March 16, 1896. The second sale under the foreclosure of the second trust deed occurred July 6, 1896, and was confirmed, deed being executed and delivered July 24, 1896. The land, 'and the crops growing thereon and unsevered from the soil, passed to the purchaser at the foreclosure sale, from the date of the confirmation of that sale, July 24, 1896. If any part of the nine bales of cotton had been gathered prior to that date (which can be shown by…
2Cases cited8 opinions
- Downard v. GroffSupreme Court of Iowa · 1875
- Buck v. PayneMississippi Supreme Court · 1876
- Shepard v. PhilbrickNew York Supreme Court · 1846
- Jones v. ThomasIndiana Supreme Court · 1847
- Heavilon v. Farmers BankIndiana Supreme Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Woody v. WagnerWashington Supreme Court · 1916
- Opperman v. LittlejohnMississippi Supreme Court · 1910
- Hartshorne v. IngelsSupreme Court of Oklahoma · 1909
- Wood v. PaceMississippi Supreme Court · 1932
- Reynolds v. PolkMississippi Supreme Court · 1926
2 more not listed; retrieve them via the Exa API.