64 Neb. 276 | Neb. | 1902
One Nierstheimer wned a farm in Thayer county, Nebraska, of one hundred and sixty acres, upon which George E. Aldrich, the plaintiff in error, had a mortgage. This mortgage was foreclosed by a decree of the district court for Thayer county, in 1897, at the February term thereof. The statutory stay was taken. Nierstheimer, the mortgagor, was in possession of, and was farming, this land and
The problem for solution, then, is, who was entitled to this wheat,—the mortgagee or the purchaser of the land at judicial sale? There is no question presented as to the validity of this chattel mortgage in its inception. The property was in esse, and the right to mortgage is not questioned; but it is claimed that by the confirmation of the sale the title to the real estate on which the wheat was growing passed to Aldrich and carried-with it the wheat. So the ownership of this property is dependent on the question, do crops that are not matured, but growing on the land at the time of the confirmation of the judicial sale, pass to the purchaser of the land, or do they remain the property of him who planted them? Phases of this
The law recognizes the necessity of agriculture and favors its promotion, and, as is said in Eouts v. Bhowalter, supra, “'Under our system, frequent advertisements and offers for sale, and occasionally revaluations áre necessary, before a sale can be effected. When an appraisement is made it can not be foreseen when a sale will be effected. It is not fór the interest of any party, nor for the public
The judgment of the court below is right and we recommend that it be affirmed.
By the Court: For the reasons stated in the foregoing opinion, the judgment of the district court is
Affirmed.