Morrison & Pardue v. Roberts-Dear-Borne Hardware Co.

OPINION OF THE COURT

SIMMS, J.

Appellant, plaintiff below, brought suit against appellee to recover damages for the conversion of certain cotton upon which it claimed a lien by virtue of two chattel mortgages, one of which described the “cotton crop which we expect to plant” on certain land, and the other “all the crops of every kind being grown” on the same land. The defendant demurred to the complaint on the ground that the mortgages were void because given upon chattels not in existence. Judge Chas. R. Brice, then in office, overruled the demurrer and directed defendant to plead further. The…