The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1875-04-14
Two Dollars a Year

! lord and tenant between them; but
I Warren was a laboreT, or a cultivator on
shares; and that his share of the crop
came within the provisions of the 10th
| section of the Act OF 9th Of April 1872,
which enacts: That there shall also be
first lien on all agricultural products
raised in this State, in favor of every
employer, as against every laborer en-
ployed by him in the production thereof,
for all supplies, provisions, clothing and
necessary plantation supplies advanced
or furnished, and for all money furnished
for the purchase of the same for and
in behalf of such laborer, while so en-
ployed, etc"
And that as against Warren and all
those claiming under him after the pas
sage of said Act april 5, 1922 said lien
must be enforced; but not as against a
party holding lien crested prior to the
passage of the Act.
f. That said 10th section of the Act
of 1872, above quoted, was intended TO
apply, so as to give the employer a lien
for supplies furnished the tenant, when
ever the crop is raised under an agree
ment that the laborer and land owner
shall share in it. and whenever they
would be tenants in common of the crop;
and also, whenever the agreement is to
pay the laborer his "wages" in portion
OF the crop; but it does not apply when
their wages are payable in money, for
then there is no "product" on which the
lien could operate. In that case the
employer would have the fright of set
off.
CAYCE, Trustee for CUMMINGS,
STovALL.
On the 9TH of December, 1872, Stovall
obtained a judgment against Christian,
before a j. p, and it was duly enrolled
on the 18th of April, 1878. On July
26, Christian executed deed of trust ON
his growing crop to secure a debt due
Cummings. In November Stovall sliced
two bales of the cotton under his execu-
ton, and Cayce, the trustee, brought suit
to recover them.
Held, that Cayce's right under the
deed in trust was superior to Stovalls
judgment lien.
The Court in its opinion express the
following views
1. That a growing crop may be mort
gagged, and is also the subject Of levy and
sale under execution.
2. That without any statute crop not
planted may be mortgaged and that such
mortgage will be good in equity, as soon
as the crop comes into being; and will
take affect from that time.
3. That StovalPs judgment was not
lien on the crop, until it was gathered.
The act of 1867 agricultural lien law
being then in force, and it prohibited
sale of crops under execution. That this
Act was not repealed till the 22d of Oct.
1873, and before that time, duly Goth,
1879 the trust deed had been made and
recorded.
And, that it was no answer to this that
the lien of the judgment took effect from
its date, dec. 1872 for as to property
acquired after the rendition of the judg-
ment, its lien begins only at the date of
the acquisition. That this act is the rule
under the Codes of 1857 and 1871,
as we'll as under the Statute of 1924.
(Note-The 4th Section of the Act Of
1873, (Session Laws of 1873, p. 70, al
lows deeds in trust and mortgages to be
made on any crop then to be grown with
in Is months. 1t puts the law on
this point on the same footing that it
was on In the Agricultural lien law of
1869