Lovehsohn v. Ward

Citations

• 45 Cal. 8

Syllabus

<p>Lien on Growing Crops.—When a debtor gives to a creditor possession of a growing crop, under an agreement that the creditor shall harvest it and apply the proceeds to the payment of the debt, the creditor thereby acquires a lien on the crop superior to the lien acquired by another creditor who receives from the debtor a mortgage on the crop, after the first creditor has taken possession, and with notice of the rights of the first creditor.</p> <p>Defendant. Cannot Introduce New Matter in Bbplevin.—The subject matter of litigation in replevin is the property mentioned in the complaint, and the defendant cannot, in his answer, allege that the plaintiff has taken from him other property than that mentioned in the complaint, and ask or obtain 'udgment for its return.</p>