Ferguson v. Murphy

Belcher, C. This is an action to recover possession of 1,400 sacks of wheat and 760 sacks of barley, or the sum of $2,300, the value thereof, and $250 damages for detention.

The case was tried by the court without a jury, and the judgment was in favor of the defendants, from which and from an order denying a new trial the plaintiff appeals.

The facts of the case as disclosed by the record are in substance as follows: In September, 1892, one James Caven, being then the owner of the lands described in the complaint, leased the same by written lease to one White for the term of three years from the fifteenth day of that month, at the yearly rental of $1,100, “ payable only in gold coin of the United States of America on or before the fifteenth day of September of each year during this lease.” The lease further stated that it is “ understood and agreed by the parties hereto that all the crop of wheat, barley, or hay, or other crops that may be raised on "said’land, shall be and is the property of the first party, until the said yearly rental of $1,100 is fully paid; and that no crops shall be removed from said land until said yearly payment of $1,100 is paid, without the written consent of said first party.”

In October, 1893, the parties agreed in writing that the rent for the year ending September 15,1894, should be $1,650, instead of $1,100.

[136]The lease was not recorded until February 9, 1894, but, at the date thereof, White entered into possession of the leased premises and thereafter occupied and farmed the same as tenant. In the fall of 1893, defendants Murphy and Frankenheimer furnished to White wheat and barley with which to seed the leased lands, and, on December 6, 1893, to secure payment of such advances» and such other advances as should thereafter be made by them to him, he executed to them a crop mortgage upon “ all the right, title, and interest of said party of the first part of, in, and to all the crops of wheat and barley now growing or to be grown during the season of 1893 and 1894” on said leased lands and other lands farmed by him. This mortgage was duly verified and acknowledged, and on January 24, 1894, was duly recorded.

After the said mortgage was recorded, an agent of Caven called upon Mr. Frankenheimer and informed him of the. Caven lease, and that Caven claimed a lien on the crops raised on said land for the rent thereof, and, subsequently, two or three conversations were had between the parties in reference to the said claim and the disposition of said crop. It was finally understood and agreed that Murphy and Frankenheimer should attend to the harvesting of the crop, and that, when harvested, it should be hauled to them in the city of Stockton and be disposed of by them.