Delta Cotton Co. v. Arkansas Cotton Oil Co.
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; 1. The debt and the mortgage are admitted. The seed bought by appellee from the mortgagor were included in the mortgage to appellants. 2. Appellee was charged with notice of the existence of the mortgage from the time it was filed. Kirby’s Digest, § 5396. And the lien was fixed from the time of registration. Kirby’s Digest, § 5398. A mortgage of a future crop is valid.
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Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; 1. The debt and the mortgage are admitted. The seed bought by appellee from the mortgagor were included in the mortgage to appellants. 2. Appellee was charged with notice of the existence of the mortgage from the time it was filed. Kirby’s Digest, § 5396. And the lien was fixed from the time of registration. Kirby’s Digest, § 5398. A mortgage of a future crop is valid. Kirby’s Digest, § 5405. That appellants were not informed that Powell was selling the seed until after it had been sold is clearly shown by the evidence. 1. The…
1Opinion of the CourtBattle, J.
On the 30th of March, 1904, the Delta Cotton Company and Edward Cary, trustee, instituted this suit, against the Arkansas Cotton Oil Company, in the Jefferson Chancery Court, to foreclose a certain deed of trust and to recover the value of certain cotton seed. Plaintiffs alleged in their complaint that W. B. Powell, on the 30th day of January, 1903, executed to Edward Cary, as trustee, and to the Delta Cotton Company, as a beneficiary, a deed of trust whereby he conveyed,- among other things, the entire crop of cotton, cotton seed and corn grown and to be grown during the. year 1903 on…
2Cases cited4 opinions
- Apperson & Co. v. W. E. & C. L. MooreSupreme Court of Arkansas · 1875
- Jarratt v. McDanielSupreme Court of Arkansas · 1877
- Williams v. CunninghamSupreme Court of Arkansas · 1889
- Blakemore v. EagleSupreme Court of Arkansas · 1905
3Cited by3 opinions
- Murray Co. v. SatterfieldSupreme Court of Arkansas · 1916
- Belcher v. WinterSupreme Court of Arkansas · 1921
- Lundee v. TalbotSupreme Court of Arkansas · 1907