Betts v. Ratliff

Citations

• 50 Miss. 561

Syllabus

<p>1. Mortgages — Crops. — Whether or not a mortgage could be executed at common law, on. a crop before it was planted, it is competent for the legislature to authorize it. This was done by act of February, 18, 1867.</p> <p>2. Same — Act oe February, 18,1867. — By sec. 7 of act of February 18,1867, crops oí cotten, corn or other agricultural product, being produced or to be produced within fifteen months, can be conveyed by mortgage or deed in trust. Such mortgage or deed in trust will have priority from its date, whether the crop be then planted or not.</p> <p>3. Same — Same — Lien Thereof. — The security given by this act attaches to the commodity in advance of the harvest, and the right to apply it to the uses of the mortgage or deed in trust is as of the day of the date and the mortgagee or cestui que trust would have priority over any other creditor or incumbrancer, subsequent to the date of such security. It would be ultra Hires of the legislature to impair a mortgage or deed in trust by subsequent legislation. The act of 1872 does not repeal nor is it repugnant to the act of 1867.</p> <p>4. Same — Act of 1872 — Lien Thereof. — The first section of this act gives a lien to the. laborer or employee for wages, and not the tenant or lessee. The lien takes effect on all agriculural products. If the laborer is to receive moneyed wages there is no product belonging to him upon which the lien can take effect. If the wages be for a part of the crop, then the lien will take effect upon that.</p> <p>o. Landlord and Tenant — When it Exists. — It is well settled that there may be a lettiDg of land from year to year or for one year. Where the relation of landlord and tenant exists, though the rent is to be paid in part of the product, it is equally well settled, that one may cultivate the land of another for the purpose of making a crop, which is to be divided beween the landowner and the cultivator, where the parties would be tenants in common of the crop and not landlord