J. Stadeker & Son v. Loeb
Mississippi Supreme Court
From the circuit court of Madison county. Hon. J. B. Chrisman, Judge. This case was tried by the court without a jury on an agreed statement of facts as follows: In 1886 Gross owned a tract of land in Madison county, and contracted to sell it to Jones, giving him a bond for title, binding himself to make a deed on payment of two hundred dollars.
Read the full summary
From the circuit court of Madison county. Hon. J. B. Chrisman, Judge. This case was tried by the court without a jury on an agreed statement of facts as follows: In 1886 Gross owned a tract of land in Madison county, and contracted to sell it to Jones, giving him a bond for title, binding himself to make a deed on payment of two hundred dollars. In January, 1887 (after the repeal-of § 1359 of the code, which authorized the giving of a mortgage on a crop to be grown within fifteen months), Jones, being in possession of the land and claiming it as his own, executed to Loeb, trustee, a trust…
1Opinion of the CourtCampbell, J.
The relation sustained by Jones to the land was such as to make a deed of trust, executed by him on the crop to be grown on the land, valid, because such crop had a potential existence, within the meaning of the law. Although the legal title of the land was in Gross, and Jones had only a bond for title, he had possession of the land and the consent of Gross to occupy it,- and the rights of a legal owner of all crops to be produced on it.
Affirmed.
2Cited by1 opinion
- Bacot v. VarnadoMississippi Supreme Court · 1907