Goodyear v. Williston

Citations

• 42 Cal. 11

Syllabus

<p>Seizure by Sheriee, at direction oe Judgment Creditor, when Joint Trespass.—Where a Sheriff, under an execution against McGrane, and at the direction of the judgment creditor Williston, seized upon certain property, including wheat and barley, in possession of Goodyear, who had purchased in good faith and for value of McGrane after the crop was cut and stacked; and, at the same time, the Sheriff, having in his hands a mortgage given by McGrane to Williston upon the crop while growing, took possession of the wheat and barley also under such mortgage, and placed all the property seized in possession of Casey, as his keeper, as agent of Williston: held, that these facts established a joint taking by the Sheriff and judgment creditor, which, if wrongful, would sustain an action against them jointly as trespassers.</p> <p>Mortgage on Growing Crop.—The intent of the provision relating to mortgages of growing crops, in section seventeen of the Statute of Frauds (Stats. 1856, p. 87), was to protect the lien of such a mortgage, without any delivery of possession, until the crop was so far harvested as to be capable of manual delivery and transportation; but the continuance of such lien afterwards, as against a subsequent purchaser in good faith, depends upon actual delivery of the crop to the mortgagee, and his retention of the possession thereof.</p> <p>Purchase in Stacks ot Grain Mortgaged while Growing.—Where a mortgage was given upon growing crops of wheat and barley, as provided in section seventeen of the Statute of Frauds (Stats. 1856, p. 87), and after they were cut and put into stacks and shocks the mortgagor sold and delivered them to a purchaser in good faith, and for value: held, that the lien of the mortgage, without possession in the mortgagee, extended only to a severance of the crops from the land, and that the purchaser took them relieved of the mortgage lien.</p>