Lemon v. Wolff

Citations

• 121 Cal. 272
• 53 P. 801
• 1898 Cal. LEXIS 891

Syllabus

<p>Chattel Mortgage—'Unplantbd Crop—Future Advances.—In this state;, a chattel mortgage may he made upon a crop to he raised, before the-same has been planted; and such mortgage may be made to secure future advances as well as an existing indebtedness.</p> <p>Id.—Absence oe Formalities—Validity between Parties—Eights oe Creditors.—As between the mortgagor and mortgagee, a chattel mortgage upon a crop to be raised is valid, and may be enforced, though the formalities prescribed in section 2957 of the Civil Code have not been observed; and though the absence of such formalities may be objected to by creditors of the mortgagor who have acquired a lien upon the mortgaged property, or who are seeking to levy process thereon, a mere creditor at large, without some process for the collection or enforcement of his debt, cannot question the sufficiency of a chattel mortgage which is good as between the parties thereto.</p> <p>Id.—Possession by Mortgagee.—Where the chattel mortgagee obtained possession of the mortgaged crop with the consent of the mortgagor,. before another creditor of the mortgagor obtained any lien, or made any levy thereupon, such mortgagee acquired a right thereto, as against such creditor, irrespective of any irregularities in the chattel mortgage.</p> <p>In.—Unrecorded Lease—Invalid Security for Rent.—A mere unrecorded lease, assuming to reserve to the landlord control of all of the produce of the land, and the right to sell and dispose of the same, until the whole amount of the cash rental shall have been paid, is not effectual to create a lien upon the crop for the rent; and a chattel mortgagee who has first obtained possession of the crop, under .an informal chattel mortgage, has a superior right to that of the landlord, as a creditor at large of the lessee for the amount of the rent.</p> <p>Id.—Marking of Sacks by Landlord—Change of Possession.—The possession of the land being in the lessee during the term of the lease, the landlord acquired no righ