Lovehsohn v. Ward (1872) · DecisionDepot

Lovehsohn v. Ward

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1872 No. No. 3,452Published

AI Brief

AI-generated · verify before citing

Holding. A creditor who takes possession of crops under an agreement to apply them to a debt acquires a lien superior to a subsequent mortgagee with notice, but a defendant in a replevin action cannot assert a counterclaim for distinct property.

Issues

Whether a creditor's lien on crops is superior to a subsequent mortgage taken with notice of the creditor's rights.
Whether a defendant in a replevin action may assert a counterclaim for distinct personal property.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“he thereby acquired a lien upon such crops and a right to their possession which was superior to that subsequently acquired by the plaintiff under the mortgage”

“it is not competent to the defendant, by his answer, to introduce a new and distinct subject matter of litigation”

Synopsis

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.

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.

By the Court: We are of opinion that when Ward received the possession of the growing crops under an agreement with the owner that he should gather them and apply them to the payment of the debt due to him, he thereby acquired a lien upon such crops and a right to their possession which was superior to that subsequently acquired by the plaintiff under the mortgage of October nineteenth, taken as it was with the notice of the rights of Ward. The judgment, however, which the defendant, Ward, obtained against the plaintiffs cannot be supported. The action is in replevin, and the subject matter of the litigation in such a case necessarily consists only of the property mentioned in the complaint, and it is not competent to the defendant, by his answer, to introduce a new and distinct subject matter of litigation by claiming of the plaintiff the release and return of other an'd distinct personal property, even though he present such a case as would have enabled him to recover in an independa ent action.

Judgment reversed and cause remanded with directions to render judgment in favor of the defendant as to the property mentioned in the complaint, and without regard to his counterclaim.

Lovehsohn v. Ward

AI Brief

Synopsis

More from California Supreme Court

Related research

AI Brief