Butt v. Ellett
Opinion of the Court
delivered the opinion of the court.
The mortgage clause in the contract of lease of the 15th of January, 1867, executed by Sillers and Graham, could not operate as a mortgage, because the crops to which it relates were not then in existence. When the crops grew, the lien attached and bound them effectually from that time.
It is admitted that the cotton in question was one of those crops.
Ellett having bought the premises became clothed with all the rights of Sillers, touching the rent stipulated to be paid by Graham. The sheriff's deed conveyed the reversion, and the rent followed it as an incident. The lease passed by assignment to the grantee, and all its provisions in favor of the lessor enured to the benefit of the assignee. .The appellants had full notice of the rights of Sillers. They read the lease a few days after its execution. Ellett also notified them of his rights and claim. The cotton went impressed with his lien into their hands. When they sold it they took the proceeds in trust for his benefit, and became liable to him for the amount.
Decree affirmed.
Reference
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- Syllabus
- 1. Although an instrument which purports to mortgage a crop the seed of which has not yet been sown, cannot at the time operate as a mortgage of the crop, yet when the seed of the crop intended to he mortgaged has been sown and the crop grows, a iien attaches. 2. When property which the owner has leased is sold at sheriff’s sale, on execution against the owner, the sheriff’s deed conveys the reversion and the rent follows as an incident. 3. Accordingly, where a lease, of a cotton plantation, made in January, 1867, in order to secure the rent, mortgaged the crop of that year, Held, that although the seed of that crop had not yet been sown, a purchaser of the land at sheriff’s sale could charge as trustee of it for him, a person to whom the tenant had transferred the crop, after it had grown and was gathered, such purchaser having taken with notice of the landlord’s mortgage.