Butt v. Ellett
Supreme Court of the United States
Appeal from the Circuit Court for the District of Louisiana; the case was thus: Sillers, the owner of a plantation in Mississippi, leased the same, on the 15th of January, 1867, to Graham, for one year, from January 1st, of that year, Graham giving his own note, payable to Sillers, for §3500, for the rent.
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Appeal from the Circuit Court for the District of Louisiana; the case was thus: Sillers, the owner of a plantation in Mississippi, leased the same, on the 15th of January, 1867, to Graham, for one year, from January 1st, of that year, Graham giving his own note, payable to Sillers, for §3500, for the rent. And to secure payment of the note embodyiug in the lease by which the plantation was let to him a mortgage of all the crops raised .on the plantation in the year 1867. The mortgage was immediately recorded in due form. The note was never paid. On the 3d of June, 1867, one Ellett, having…
1Opinion of the CourtJustice S Wayne
The mortgage clause in the contract of lease of the 15th of January, 1867, executed by Sillers and Graham, could not operate as a mortgage, because the crops to which it relates were not then in existence. When the crops grew, the lien attached and bound them effectually from that time.
It is admitted that the cotton in question was one of those crops.
Ellett having bought the premises became clothed with all the rights of Sillers, touching the rent stipulated to be paid by Graham. The sheriff's deed conveyed the reversion, and the rent followed it as an incident. The lease passed by assignment…
2Cited by1 opinion
- Butt v. EllettSupreme Court of the United States · 1874