Jones v. Chamberlin
Jones v. Chamberlin
Opinion of the Court
delivered the opinion of the Court.
In December, 1866, Jones and Harwell entered into a written agreement, by which Harwell was to cultivate thirty-five acres of Jones’ land in 1867, and to have half the corn and cotton made. Immediately after the written contract was signed, they agreed by parol, that Harwell’s half of the crop was to stand good for any provisions Jones might furnish him during the year. Jones furnished corn, pork and bacon, to the value of $125.
In October, 1867,. Harwell conveyed his half of the crop to Chamberlin, to secure the payment of $125, due bim for goods furnished Harwell. This deed was properly registered. After the cotton was gathered and delivered at the gin, receipts were given for the aid cotton to Jones, in the name of Jones and Har-
Chamberlin commenced his suit at law for the value of one-half of the cotton so sold and appropriated. Thereupon Jones filed this bill of injunction, restraining Chamberlin from prosecuting his suit at law, and insisting on his lien for supplies, and praying for proper relief. The bill was answered by defendants Chamberlin and Harwell, and upon the hearing, the Chancellor held, that Jones had the superior right to the cotton for the satisfactionn of his claim for supplies, and ordered the necessary accounts in the case. From this decree Chamberlin has appealed.
Although there is some conflict in the evidence, we are satisfied that the facts are substantially as already stated.
The question in the cáse is, whether Jones, by virtue of the parol agreement, secured such a lien on Harwell’s half of the crop to be produced, as would overreach the lien secured by Chamberlin, by virtue of the conveyance made by Harwell to him, in October, 1867.
It is insisted, for Jones, that his superior lien is established, and sustained by the case of Tedford v.
The Code, in enumerating the instruments to be-registered, s. 2030, says: “All agreements and bonds for the conveyance of real or personal estate.” Weave of opinion that an agreement for the conveyance of a crop to be raised and gathered is such an agreement for the conveyance of personal estate that it would be void as to creditors or subsequent purchasers for value without registration: Benj. on Sales, 74, 79. Tó hold, that the owner of the land can hold a secret lien on the crop, being raised by his tenant, for advances to be made to such tenant, would put it in the power of the tenants to practice innumerable frauds on innocent parties dealing with them on the faith of the products of their labor. Mr. Washburn (vol. 1, p. 497) states, as the result from a variety of cases,, that “farming on shares makes the owner of the land
When such contracts are placed upon the register’s books, they cut off the means of practicing frauds, and such, we are satisfied, was the intention of the Legislature. We so declared the law during this term of the Court in the case of Hughes v. Whittaker.
The Chancellor held that the lien of Jones was superior to that of Chamberlain. We hold differently, and reverse the decree, and remand the cause for further proceedings. The complainant will pay the costs of this Court. The costs below will be paid as the Chancellor may direct.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.