95 Tenn. 369 | Tenn. | 1895
This cause was heard in the Court below, upon an agreed statement of facts, and judgment was rendered for defendants, and plaintiffs have appealed to this Court, and assigned errors. The whole
Defendant, Crump, November 3, 1893, recovered a judgment before a Justice of the Peace for $52.50 against Lotspeich, one of the lessors, and levied an execution November 22, 1893, on the interest of Lotspeich in the crop of corn, then standing in the
The whole controversy turns upon the question whether the assignment of the lease contract is a pledge or mortgage. If' the former, it need not be, and if the latter it must be, registered to be valid as against creditors. Without passing on other questions, we are of opinion that the transaction in this case was not a pledge, and, not being registered, cannot avail as a mortgage against creditors of the grantor.
The assignment was made on June 1, 1893. At that time the corn was planted, but not grown. The grantor himself, at that time, could not pledge it, as he could not deliver it. The paper writing-given to Woodward did not assume to deliver the interest of Lotspeich, but only stipulated for delivery in the future, and its only effect was to give the assignees the right to take possession at a future date. A mere executory agreement to deliver possession is not a delivery, either actual or symbolical. 18 Am. & Eng. Ene. L., 596, note.
This is a case of future property, that is, of a crop planted, but not yet grown, and incapable of delivery. It cannot be effectual until it actually comes into existence and is separated and delivered. Jones on Pledges, Sec. 31. Until then, it is a
We think there is no error in the judgment of the Court below, and it is affirmed with costs.