J. Stadeker & Son v. Loeb
Mississippi Supreme Court
J. Stadeker & Son v. Loeb, 67 Miss. 200 (Miss. 1889)
Campbell
J. Stadeker & Son v. Loeb
Opinion of the Court
delivered the opinion of the court.
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.
Reference
- Full Case Name
- J. Stadeker & Son v. J. Loeb, Trustee
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Mortgage. Crop to be grown. Potential existence. Notwithstanding the repeal of § 1359 of the code, which authorized the giving of a mortgage on a crop to be grown within fifteen months, one may, under the common law, execute a mortgage on his crop to be grown if it has a potential existence. 2. Same. Possession. Equitable title. One having the equitable title to land, occupying it by consent of the holder of the legal title, may, in January before the crop is planted, execute a mortgage on such crop, which will have precedence over a prior enrolled judgment.