California Supreme Court, 1881

Waterman v. Green

Waterman v. Green
California Supreme Court · Decided July 15, 1881
59 Cal. 142

Waterman v. Green

Opinion of the Court

The Court:

The grain seized under the attachment was three miles away from the land of the mortgagor. By a former statute it was provided that the lien of a mortgage upon a growing crop should cease when the crop was harvested. Held, that the lien ceased when the crop was severed from the land. (Goodyear v. Williston, 42 Cal. 11.)

Section 2972 of the Civil Code keeps alive the lien of such a mortgage upon a crop only “so long as the same remains on the land of the mortgagor.”

Judgment and order affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.