58 So. 789 | Ala. Ct. App. | 1912
The claim of the plaintiff (the appellee here) was rested upon several crop mortgages made to him by one Heaton during the year 1908, and another such mortgage made to him by the same person and his wife in February, 1909. In January, 1909, Heaton made to the appellant’s intestate a similar mortgage, which, was recorded before the last-mentioned mortgage to the appellee was executed. In order for the appellee’s claim to part of Heaton’s 1909 crop to be supported by a crop mortgage made in 1908, the mortgagor must have had, at the time that mortgage was given, such an interest in the land upon which the crop was grown as to entitle him to mortgage the crops to be grown thereon in the year 1909, as the rule is established in this state that a mortgage on crops to be grown in the future does not create a specific lien upon such crops unless at the time of the execution of the mortgage the mortgagor owned or had some interest in the land upon which the crops were grown.—Windham & Co. v. Stephenson & Alexander, 156 Ala. 341, 47 South. 280, 19 L. R. A. (N. S.) 910, 130 Am. St. Rep. 102; McNeill v. Henderson & Hill, 1 Ala. App. 405, 55 South. 269. There was evidence tending to show that when Heaton made the mortgages in 1908 he was in the possession, under a rental contract for that year alone, of land of one Cash, on which he made the crop of that year, and that at that time he had made no arrangement and had no understanding with Cash in regard to the rent or cultivation of any of his land in the year 1909; in other words, it was not until after the 1908 mortgage had been executed that Heaton acquired the right to cultivate the land of Cash upon which the 1909 crop was made.
The rulings made in that case have no bearing on the question arising on the state of facts above mentioned as to Heaton’s having the requisite interest to make his
Reversed and remanded.