38 Vt. 185 | Vt. | 1865
The opinion of the court was delivered by
The question in this case is whether the lien reserved to the plaintiff in the lease executed by him to Humphrey on the crops to be grown upon the demised premises was effectual as against an attaching creditor of an assignee of Humphrey ; and the decision of this question depends mainly on the character of the actual relation in respect to the premises which existed between the plaintiff and Humphrey at the time when the lease was executed. The facts which determine the character of that relation are undisputed.
Humphrey was the owner of the premises, and had executed a mortgage of the same to one Jesse Alden. The equity of redemp.tion on this mortgage was foreclosed by a decree of the court of chancery in favor of Alden against Humphrey, In December, 1859, a short time before the expiration of the time of redemption under this decree, the plaintiff purchased the interest of Alden ' in the decree, and took an assignment of it. This purchase was made at the request of Humphrey, and for the purpose of giving him further time to pay the amount then due on the mortgage debt. In the testimony of the plaintiff, taken in the chancery suit in favor of Webster against him and Humphrey, he says that he “never wanted to purchase the property absolutely, and never talked or thought of having it only as security.” As a part of the arrangement between the plaintiff and Humphrey, which resulted in the purchase of this decree, Humphrey purchased of the plaintiff two horses, and conveyed
We think that the Alden mortgage cannot be considered as having been effectually foreclosed against Humphrey. The money due upon it was advanced by the-plaintiff at Humphrey’s request, and for the conceded purpose, as admitted by the plaintiff, of giving Humphrey further time of payment than was allowed by the decree of foreclos
It has been repeatedly decided in this state that the lessor of land may stipulate in tbe lease that the crops grown on the premises by the lessee shall remain the property of the lessor until the rent shall be paid, and that such a provision is valid not only between the parties but as to third persons also. Smith v. Atkins, 18 Vt. 461; Paris v. Vail, 18 Vt. 277; Briggs v. Oaks, 26 Vt. 138; Gray v. Stevens et al., 28 Vt. 1; Edson v. Colburn, 28 Vt. 631; Leland v. Sprague, 28 Vt. 746; Baxter v. Bush, 29 Vt. 465; Bellows v. Wells, 36 Vt. 599. But these decisions all proceed upon the ground that the lessor is the absolute owner of the premises leased ; and, in this essential feature, this case is distinguishable from the cases in which this right of the lessor has been recognized. We think that, in this case, the real character of the relation between the plaintiff and Humphrey in respect to the premises conveyed by the Alden mortgage must be treated as being that of mortgagee and mortgagor, so far as the rights of third persons are concerned, and that any contract between them that this relation should be changed or varied would be inop
Judgment of the county court for the plaintiff reversed, and a new trial granted.