Cooper v. Turnage

Citations

• 52 Miss. 431

Syllabus

<p>31. Judgment Lien : Mortgage lien. Priority. Act of April, 1S7S, construed.</p> <p>A judgment lien on after-acquired property takes effect from the date of the acquisition by the debtor, but does not relate back to the rendition or enrollment of the judgment. A judgment lien takes effect on a growing crop only from the time it has an actual existence. By the act of April, 1873, it is made lawful to mortgage a crop to- bo grown within fifteen months, and the effect of such incumbrance is declared to be to bind the interest of the mortgagor “at the time of granting the same or such interest as he may thereafter acquire.” By fiction of law the lien upon the non-existing crop takes effect, eo instanti with the execution of the mortgage, so that when the crop, within the fifteen months, comes into existence the lien relates back to the date of its creation.</p>