Russell v. Stevens
Mississippi Supreme Court
From the circuit court of Clay county. Hon. C. IT. Campbell, Judge. This is an action of replevin begun before a justice of the peace by J. L. Stevens, trustee, in a deed of trust given by appellant, Joe Russell, in March, 1891, to secure a debt due to W. L. Childress.
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From the circuit court of Clay county. Hon. C. IT. Campbell, Judge. This is an action of replevin begun before a justice of the peace by J. L. Stevens, trustee, in a deed of trust given by appellant, Joe Russell, in March, 1891, to secure a debt due to W. L. Childress. The trust-deed is in the usual form, and conveys “ the entire crops of corn and other agricultural products to be raised and gathered by the grantor, his family or employes under him, during the year 1891, on land cultivated or controlled by him in Clay county, Mississippi.” Default having been made in payment of the secured…
1Opinion of the CourtCampbell, C. J.
The deed of trust was not a nullity, and was properly admitted in evidence. It is sufficiently definite in description of the property, and the evidence shows that the grantor had such relation to certain land on which he raised crops in Clay county in the year 1891 (being on them and cultivating either as owner or by consent of the owner), as to authorize a mortgage of the crops, which, in these circumstances, had such potential existence as to make them a legitimate subject of sale or mortgage by the common law. Possession of land, and preparation for making a crop on it, make the crop to…
2Cited by4 opinions
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