129 Va. 1 | Va. | 1921
delivered the opinion of the court.
Omitting unimportant facts, the case in substance is this: John W. Taylor and wife owned certain valuable farm lands in Accomac county. These lands were heavily encumbered by sundry deeds of trust and judgments. To enforce these liens, and also to obtain on behalf of the trustees the aid and direction of a court of equity in the execution and administration of the trusts created by the trust deeds, a lien creditors’ suit was instituted against Taylor and wife and other proper parties. Pending this suit two mechanics’ liens for small amounts due for repairs to a dwelling house on the mortgaged premises were duly perfected, becoming effective prior to March 3, 1917. On the last named date the several tenants to whom Taylor and wife had leased the lands purchased large supplies of fertilizer from the Armour Fertilizer Works, the appellant here, for use in making crops of Irish and sweet potatoes on the lands for the year 1917. The tenants executed to the appellant their several notes for the respective amounts of their fertilizer purchases, and the same were secured by crop liens duly executed in accordance with the provisions of the statute, Code 1904, sec. 2494, as amended by chapter 345, Acts 1910, p. 562. This statute, so far as material here, is as follows: “If any person, other than a landlord, make advances, either in money or supplies, or other thing of value, to anyone who is engaged in, or is about to engage in, the cultivation of the soil, the person so making such advances shall be entitled to a lien on the crops which may be made or seeded during the year upon the land in or about the cultivation of which the advances so made have been, or were intended to be expended, to the extent of such advances.”
Any conflict which might have arisen between these crop liens and the landlord lien on behalf of John W. Taylor
On April 7, 1917, by consent of all persons who had up to that time become parties to the lien creditors’ suit,, a decree was entered directing a sale of the lands. The deeds of trust provided that in case of a sale thereunder possession should be given the purchaser on the day of sale. On that day the potato crops were well advanced and quite promising. The evidence shows that they contributed more than the total amount of the crop liens to the price realized by the sale. The purchase money was sufficient to discharge the deeds of trust and judgments, the costs and certain incidental expenses of the litigation up to that time, and left a balance of $1,419.92 in the hands of the trustees.
Subsequent to the decree of sale, the mechanics’ liens and crop liens above mentioned were duly asserted by petitions filed in the cause. It seems to have been conceded by all parties concerned that the owners of the mechanics’ liens, which with accumulated interest amounted to something more than $200, were entitled as junior lienors to payment in full out of the above mentioned surplus, and .the court so ordered. This left in the hands of the trustees a net surplus of $1,207.24. The controversy before us is as to the proper application of the last named sum, and arises between the appellant, claiming under the crop liens, and the general creditors of John W. Taylor (now a bankrupt), claiming through his trustee in bankruptcy. The decree complained of awarded the fund to the trustee in bankruptcy, and from that decree this appeal was allowed.
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The case before us falls within the influence of the general principles recognized in the foregoing authorities.
The decree complained of will be reversed, and this court will direct that the trustee in bankruptcy of John W. Taylor (to whom the fund in controversy has already been paid) shall pay the same over to the appellant.
Reversed.