Horgan v. Zanetta

Citations

• 107 Cal. 27
• 40 P. 22
• 1895 Cal. LEXIS 706

Syllabus

<p>Chattel Mortgage—Growing Crop—Extinguishment of Lien—Removal from Land.—The lien of a chattel morgage on a growing crop continues only as long as the same remains on the land of the mortgagor; and is prima facie extinguished when the crop is removed from the land.</p> <p>Id.—Removal to Land of Creditor—Attachment—Estoppel.—The fact that a creditor of the mortgagor who attached the crop after removal thereof from the land of the mortgagor to his land represented that the land of the mortgagor was not suited to the placing of a machine for the threshing of the crop, and requested him to take the grain on to his land as more adapted to the threshing of it, the creditor not at the time knowing of the existence of the mortgage, does not estop the creditor from attaching the grain after its removal from the land of the mortgagor to his land, notwithstanding the existence of the mortgage was known prior to the levy of attachment, it appearing that the mortgagee did not use any care and diligence in looking after the crop when harvested, or pay any attention to the grain until it had been attached nearly a month subsequently to its removal from the land of the mortgagor.</p>