10 S.E.2d 35 | Ga. | 1940
1. The exception is to a judgment overruling demurrers to the petition, continuing in force a restraining order, and appointing a receiver to harvest and dispose of the crop of pecan nuts in question. The brief of the attorney for the plaintiffs in error does not argue the special grounds of demurrer as to multifariousness and misjoinder of parties defendant, or inappropriateness of the restraining order and appointment of a receiver. Consequently the assignment of error as relates to these several matters will be treated as abandoned.
2. The substantial controversy is as to right to a crop of pecan nuts growing on the trees. The plaintiff owned the land on which the trees were growing. In 1934 he conveyed the land by first and second deeds as security for debt. On July 4, 1939, the second security deed was foreclosed by sale of the land in pursuance of the power of sale contained in the deed. The pecan nuts were in process of making, and would not mature before October, 1939. Held, that under the statutes (Ga. L. 1922, p. 114; Ga. L. 1933, p. 128, Code, §§ 85-1901, 85-1902) the crop of pecans was personalty, and did not pass as part of the realty by the sale and conveyance of the land in pursuance of the power expressed in the security deed.
(a) On the present writ of error no question is involved as to whether the defendant is entitled to rent as prayed in the answer, and no intimation is made on that question. Cf. Chastain v. Gardner,
(b) The case of Long v. Faulkner,
3. The judge did not err in overruling the general grounds of demurrer.
In Chason v. O'Neal,
Judgment affirmed. All the Justices concur.