Chastain v. Gardner

Duckworth, Justice.

The Court of Appeals certified to this court the following questions: “1. Where the owner of a tract of land encumbered by a security deed dated subsequently to the act of 1922 (Ga. L. 1922, p. 114), which declares all crops to be personalty, leases it to a tenant for a calendar year, with the rent falling due on November 1st, and where the holder of the security deed sells the land under the power of sale contained in the deed on the first Tuesday in September, before the crops mature and before the rent is paid to the original owner, in a proper proceeding is the original…