Williams v. King
Court of Appeals of Texas
Appeal from Coleman County Court; W. Marcus Weatherred, Judge. Suit in justice court by George Williams against M. M. King. Judgment for defendant, both in justice court and on appeal to county court, and plaintiff appeals.
1Opinion
On Motion for Rehearing.
JENKINS, J.
[2, 3] The effect of our former decision herein is to hold that a mortgage by a landlord on a rent crop not planted severs such crop from the realty when it comes into existence, though not matured, and the rent is not yet due. In this, we think, we were in error. One cannot mortgage that which he does not own, so as to create a lien thereon prior to his becoming such owner. A landlord is not the owner of any part of a growing crop toeing raised by his tenant before it is divided, or, if there is an agreement to divide, before it is matured and ready to be…
2Cases cited9 opinions
- Richardson v. Washington & Costley Bros.Texas Supreme Court · 1895
- Willis v. MooreTexas Supreme Court · 1883
- Hearne v. LewisTexas Supreme Court · 1890
- Silberberg v. TrillingTexas Supreme Court · 1891
- Porter v. SweeneyTexas Supreme Court · 1884
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