Hall v. Glass

Citations

• 123 Cal. 500
• 56 P. 336
• 1899 Cal. LEXIS 1106

Syllabus

<p>Chattel Mortgage upon Crops to be Grown—Potential Existence.— A chattel mortgage, duly executed and filed as such, which expressly covers all crops to be grown upon two parcels of land particularly described, during the continuance of the mortgage, is good, in any event, to the extent of crops planted during the life of the note secured by the mortgage. The potential existence of the unplanted crop of a subsequent year is sufficient to sustain the lien of the mortgage, as against subsequent purchasers or proceedings of any kind.</p> <p>Id.—Insolvency—Homestead.—The commencement of proceedings in insolvency by the mortgagor does not affect the lien of the mortgage upon the crop to be planted during the year of his discharge, nor can the filing of a declaration of homestead upon the premises before the planting of the crop, and the subsequent setting apart of it to the insolvent mortgagor, affect the lien of the mortgage upon the crop of that year.</p> <p>Id.—Foreclosure—Sale of Crop by Receiver.—Upon foreclosure of the chattel mortgage, a receiver may be appointed to take possession of and sell the crop planted during the year in which the mortgagor was discharged in insolvency, and had the homestead set apart to him.</p> <p>Id.—Limitation upon Lien fob Future Advances.—A chattel mortgage to secure future advances is not unlimited in its duration. After notice of subsequent sale or incumbrance made by the mortgagor, any further advance is equivalent to a new mortgage, the lien of which is subject to such subsequent sale or incumbrance.</p> <p>Id.—Continuing Services of Mortgagor—Covenant for Possession.— It cannot be successfully objected that the lien of the mortgage is defeated by a provision for the continuing services of the mortgagor, after his discharge in insolvency, if the mortgage expressly stipulates that, in default of the rendition of the service by the mortgagor, the mortgagee may take possession of the crops and harvest them.</p> <p>Id.—Answer of Wif