Bank of Woodland v. Heron

Citations

• 120 Cal. 614
• 52 P. 1006
• 1898 Cal. LEXIS 818

Syllabus

<p>Mortgage—Right to Crops—Assignment.—The owner of land in possession thereof subject to a mortgage is entitled of right to crops grown thereon prior to foreclosure of the mortgage; and he may transfer title thereto as against the mortgagee of the land, who has no right to the possession of the land, nor any lieu upon or right to crops not growing thereon when title passes after foreclosure and sale. - Id.—Tithe of Assignee—Receiver—Order for Possession.—An assignee of the owner of the crop who took title prior to the taking possession thereof by a receiver appointed ex parte in a suit for foreclosure of the mortgage, without knowledge of such ex parte appointment, is entitled to an order directing the receiver to deliver the crops to him, rather than to the mortgagee plaintiff in the foreclosure suit.</p> <p>Id.—Order Appointing Receiver—Time of Possession.—An order appointing a receiver does not constitute ipso facto a possession of any property which the party at whose instance the appointment is made has no estate in, or right to, or lien upon, prior to and independent of the appointment of the receiver; and such an order made in a suit for the foreclosure of a mortgage of land which creates no lien upon the growing crops confers no possession thereof upon the receiver prior to an act upon his part taking possession of the crop.</p> <p>Id,—Transfer of Crop to Attorney for Defendant.—The circumstance that the assignee of the crop was an attorney for the owner who made the transfer is immaterial. The owner of the crop has the right to dispose of it to whomsoever, and in whatever manner, he may please.</p>