Crocker v. Cunningham

Citations

• 122 Cal. 547
• 55 P. 404
• 1898 Cal. LEXIS 629

Syllabus

<p>■Cropping Contract—Division op Grain—Attachment Against Cropper. Under a cropping contract by the terms of which the entire crop of grain raised was to belong to the owner of the land until division should be made, and one-half of the crop was to be segregated 'on the ground, to be given to the cropper at the conclusion of the threshing and sacking of the crop, where it appeared that all of the crop, excepting one stack, had been threshed and sacked, and one-half thereof delivered by the cropper to the order of the owner of the land, and the remaining half remained in the field, such remaining half of the threshed and sacked crop is to be deemed the property of the cropper, and is subject to attachment by his creditor.</p> <p>Id.—Construction of Contract—Division of Threshed Part op Crop.— Under the provision in the contract that one-half of the crop was to be segregated on the ground for the cropper, at the conclusion of the threshing and sacking of the crop, the parties could have postponed the division and segregation until the whole crop was threshed and sacked; but they were not required to do so, and might divide the threshed and sacked portion thereof, though another portion thereof was still unthreshed.</p> <p>Id.—Bill op Sale—Change op Possession.—A bill of sale made by the cropper to the owner of the land for a valuable consideration, but without any act purporting to be a delivery or change of possession of the sacks segregated on the ground to the cropper, could not affect the right of the creditor of the cropper to attach the same.</p> <p>Id.—Security for Advances—Waiver of Bight.—A provision in the contract that the owner of the land might retain possession of the cropper’s half of the crop as security for advances, cannot be enforced against the claims of the creditors of the cropper, while such half remains in the cropper’s possession; and the division and segregation to him of his half of the crop is to be regarded as a surrender of the right to