J. Stadeker & Son v. Loeb

Citations

• 67 Miss. 200

Syllabus

<p>1. Mortgage. Crop to be grown. Potential existence.</p> <p>Notwithstanding the repeal of § 1359 of the code, which authorized the giving of a mortgage on a crop to be grown within fifteen months, one may, under the common law, execute a mortgage on his crop to be grown if it has a potential existence.</p> <p>2. Same. Possession. Equitable title.</p> <p>One having the equitable title to land, occupying it by consent of the holder of the legal title, may, in January before the crop is planted, execute a mortgage on such crop, which will have precedence over a prior enrolled judgment.</p>