McMaster v. Emerson
Supreme Court of Iowa
Appeal from Ringgold District Court. — HoN. W. H. Ted-ford, Judge. AotioN to foreclose chattel mortgage. J. H. and D. E. Newman owned an eighty acres of land.
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Appeal from Ringgold District Court. — HoN. W. H. Ted-ford, Judge. AotioN to foreclose chattel mortgage. J. H. and D. E. Newman owned an eighty acres of land. To secure Muir the payment of two hundred and seventy dollars, they executed a real-estate mortgage thereon, and a chattel mortgage on certain stock, and “all the farm products of every kind and description, including corn, oats, hay, tame and wild pasture, millet and cornstalk pasture, to be planted, raised, and grown during the years 1895, 1896, 1897, and 1898, on the following described lands.” These mortgages were assigned to the…
1Opinion of the CourtLadd., J.
The obstacle in the way of the recovery for the value of the corn raised on the land by Stacy is the fact that the Newmans never acquired any interest in it to which the mortgage attached. A chattel mortgage on crops to be grown in the future is upheld on precisely the same principle as that upon goods not owned by the mortgagor. Wheeler v. 1 Becker, 68 Iowa, 724; Norris v. Hix, 74 Iowa, 526. Before the mortgage attaches, the crops in the one case, and the goods in the other,,must come into existence and be acquired by the mortgagor. Unless so acquired, the mortgage never becomes a lien,…
2Cases cited3 opinions
- Wheeler v. BeckerSupreme Court of Iowa · 1886
- Simmons v. AndersonSupreme Court of Minnesota · 1890
- Norris v. HixSupreme Court of Iowa · 1888
3Cited by19 opinions
- Isbell v. SletteMontana Supreme Court · 1916
- Woody v. WagnerWashington Supreme Court · 1916
- Twin Falls Bank & Trust Co. v. WeinbergIdaho Supreme Court · 1927
- Louis v. HansenSupreme Court of Iowa · 1928
- Sims v. JamisonCourt of Appeals for the Ninth Circuit · 1933
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