Bellingrath v. Samuel

A mortgage given by a tenant upon an implanted or ungathered crop is subject to the superior lien of the landlord for rent.

This rule obtains although the mortgagee has no actual notice, nor knowledge of facts to put him on inquiry, which, if followed up, would disclose the existence of the tenancy. It has been extended to cases wherein the mortgagee represented himself as the owner of the land, or was in fact a purchaser in possession, but subject to a condition that upon default in payment of purchase money, the relation of landlord and tenant should exist. This by force of positive statute…