Carithers v. Whitehead & Gholston

Broyles, O. J.

1. While it is true that a mortgage on immature and growing crops, executed prior to the act of the General Assembly of Georgia, approved August 21, 1922, which has not been attested by two witnesses, one of whom is an official witness, is not entitled to record (Civil Code of 1910, § 3257; Farmers Warehouse Co. v. First national Bank, 152 Ga. 262 (2-a), 109 S. E. 900), still such a mortgage *615is valid and binding between the parties to the mortgage, and, when offered in evidence, “will not be rejected at the instance of a claimant who does not show that he has some right or lien…