Comstock v. Scales
Wisconsin Supreme Court
ERROR TO THE ROCK CIRCUIT COURT. Action of trover for the conversion of a certain crop of grain. The property ivas claimed under a chattel mortgage executed by one Hatch, lessee of one of the defendants below, to the plaintiff, upon the oats, wheat and corn (the property in dispute), at or about the time the same were planted, and before the same was up or presented the appearance of growing grain.
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ERROR TO THE ROCK CIRCUIT COURT. Action of trover for the conversion of a certain crop of grain. The property ivas claimed under a chattel mortgage executed by one Hatch, lessee of one of the defendants below, to the plaintiff, upon the oats, wheat and corn (the property in dispute), at or about the time the same were planted, and before the same was up or presented the appearance of growing grain. Hatch had leased the premises on shares of one of the defendants, but before the expiration of the lease, and before the ripening of said crops, abandoned the premises and absconded. In the fall…
1Opinion of the Court
By the Court,
Cole J.
The defendant in error claimed the grain in controversy, by virtue of a chattel mortgage, given upon it, about the time the grain was sowed and planted, and before the same was up or presented the appearance of growing grain, and the circuit court instructed the jury upon this point, that as soon as the grain was sown, Hatch, the tenant, could mortgage his half of the crop, and that the same would be held by the mortgage. This instruction we consider erroneous. In our opinion a chattel mortgage can only operate upon property in actual existence at the time of execution,…
2Cited by14 opinions
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- Apperson & Co. v. W. E. & C. L. MooreSupreme Court of Arkansas · 1875
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