12 S.D. 330 | S.D. | 1900
This action, for the conversion of wheat claimed under a chattel mortgage, resulted in a judgment
'.On the 18th day of January, 1897, Gust Hultman executed the mortgage relied upon, to appellant, covering two-thirds of all crops of that season to be raised on certain lands belonging to George W. Snook, which under an agreement, he had cultivated for a number of years. On the 30th day of March following, said Hultman and George W. Snook entered into a contract for one year from January 1st, 1897, by which the former, as a party of the first part, bound himself to perform all the labor in a manner designated, ‘ ‘"and to plant and sow only such crops as the second party shall direct. * * * The title, ownership, and possession of all the hay and crops of every kind and character raised or produced upon said premises shall be and remain in the party of the second part. In consideration of the faithful and thorough performance of, all and singular, the several stipulations and covenants in this instrument contained, by said party of the first part, the party of the second part hereby agrees, upon reasonable request thereafter made, to give and deliver to said first party, upon the premises or elsewhere, as herein provided, two-thirds of the crop so raised and secured upon said land during each year of the term, after first deducting therefrom ail advances and indebtedness owing by said party of the second part for any cause whatsoever, including the sum of any and all seed-grain liens upon the crops claimed and filed by third persons; and all such claims and indebtedness shall be considered matured at the
The following conclusions of law found by a referee were adopted by the court: “That the title to the grain, or any part thereof, grown and raised on said lands and premises during the year 1897; had not, at the time this suit was commenced, passed to the said Hultman; that the said plaintiff did not acquire a lien upon the said crop, or any part thereof, grown and raised upon said lands by the said Hultman during the year 1897; that the said defendant was entitled to hold and retain possession of the said grain grown and raised upon said lands and premises during said year of 1897, and to apply the undivided two-thirds thereof towards the payment óf said indebtedness of said Hultman to the defendant, and the payment of said advances made by said defendant to said Hultman during the year 1897, notwithstanding plaintiff’s said mortgage; that the defendant is not liable to the plaintiff for the conversion of said wheat, nor any part thereof.”
At the time appellant’s mortgage was made, no lien was created, because none of the grain mentioned therein yet exist