Sillers v. Lester

Citations

• 48 Miss. 513

Syllabus

<p>1. Chattel mortgages at law and in equity. — Though at law a mortgage cannot operate on pr.operty not in existence at the time the mortgage is executed, courts of equity will enforce specific execution of contracts, and give relief in numerous cases of agreements relating to lands and things in action, or to contingent interests or expectancies, upon the maxim that equity considers that done, which being agreed to be done, ought to be done.</p> <p>2. Same in respect to after acquisitions. — To secure the payment of one year’s rent of a plantation, the tenant executed to the landlord a mortgage upon all the mules, etc., then on the rented promises, upon all crops to be grown thereon, and upon all the mules, etc. to be put thereon during the year. Held, that the mortgage attached to the subsequent acquisitions referred to as soon as they were acquired, and was good against a subsequent mortgage made on the same property after it was acquired, especially as the subsequent mortgage was to secure an antecedent debt, and the subsequent mortgagee had notice of the prior mortgage.</p>