Dunlap v. Berthelot

Citations

• 122 La. 531
• 47 So. 882
• 1908 La. LEXIS 495

Syllabus

<p>1. Foreclosure oe Mortgage.</p> <p>Foreclosure was instituted.</p> <p>2. Advances to Cultivate Ceop — Pledge.</p> <p>Interveners claimed preference over part of the proceeds for advances to cultivate and save the crop.</p> <p>3. Advances to Cultivate Ceop — Merchantable Ceop.</p> <p>The factor’s privilege rests on the products of the growing crop.</p> <p>4. Agriculture (§ 13*) — Liens — Eeeeco>-Ceop Covered — Seed Cane —Seeds Immobilized.</p> <p>Factors have no pledge or privilege on the seed cane necessary for the operation of the plantation for the coming year.</p> <p>[Ed. Note. — For other cases, see Agriculture, Cent. Dig. § 32; Dec. Dig. § 13.*]</p> <p>5. Advances to Cultivate Crop — Necessary Seed.</p> <p>At the beginning of the year a quantity of acres of seed cane was planted; at the end of the year the quantity of seed cane was about the same as that which had been planted at the beginning. The evidence does not prove that the seed cane was not necessary, or that the least attempt was made to the disadvantage of inter-veners’ claim.</p> <p>6. Advances to Cultivate Crop — Contract.</p> <p>The parties must be held to have contracted with reference to the necessity of saving a sufficient quantity of seed.</p> <p>7. Matters Not Part oe Issues.</p> <p>The agreement between plaintiff and one of the defendants cannot be given effect in these proceedings.</p> <p>(Syllabus by the Court.)</p>