The Russellville Democrat., 1891-10-08
THE CROP MORTGAGE.
The Legal Aspects ~ sAe Arknnsas
 aAnmc1naa.~
Eutsr<stEnE address Befsre the ola usek- err crnh. rueeazg, septsns~r %2, hy Ms5ar T. ".
 Galloway

11MAg aA tAsr k&st N4rcNt1& VI s4S Ot1 Hickory Club:
 The general interest heretofore msuf- fested in ihe subject of .@crCp naort- gages," As evider ced by fhe newspaper discnssion of the subject and the effort of the last genera assembly to repeal the existing ss&fufe. populsrIy supposed to authorize such mortgages. must serve ss nay excuse for the presentation of this paper 10 ssOld Hickory Club.
 II is not my purpose to praise or con denn the prevailing custom of execus- ing crop mortgages % mach ss if Is 10 very briefly present what appears to me 10 be in measure the law and she facts bearing on the question. AEd 10 demon sfrzte as best may that whsfever may be ihs evil effects of mortgxgiug snsiei- psted crops. that the present statute to validate mortgages on crops." Is not the sourse of sli The farmers' woes.
 As to the beneficial or ba0sful fleets of ibe system those Mssse necessities have forced them 10 adopt it have sc- qu'red practical experience in the matter that Is enfiilsc to tAr greater consideration than a1Y mere theory.
 The nrsi statute on the subject of crop mortg ages iR this state vas en- acted by me body popusariy known as the '.Grs ger Legis asure" 5y set SD proved February II, 1875, which is as follows.
 "An act to validate mortgages on crops.
 Int All mortgages executed on crops already planted, or 10 be planted, shall have the same force and effect b bind such crops snd their products 2s
 
 property already in being
 IL may be remarked here. by way of digression, that in The lower house of fhe general assembly of 1874 and 1875. that there WAS not & sufficient lumber of lawyers on the floor out of which to construct The committee of the use on the judiciary. In faes, il is thought that the chairman of ihe committee (Mr. Wels, of Drew was not at the time an attorney st iaE. 1T may oe fuliher re- marked that the bills recommended by this committee that ..ii do pass,r have been found. in the main, unusually free from constitutional objections. So much the set to validate mortgages on crops"
 The ensuing general assembly. by act oRrA1f~4 ~ @A~a A0s t@tsf P4OfiAE4 chattel mortgages might be filed with the recorder, and tbat such Hing should be hoiice to the world. This a~t wss passed in part 10 reduce tc the morf- gagor the cost of executing such mort gsges by the saving of she fee for re- cording, etc. The two acts mentioned sboTe embrace substantially what Is known as the .sCrop Mortgage Law
 + is this law that few of our news- papers insist must be .sdestroyed. killed" Now, Ss ihe right to mortgage is thought to be inherent in the citizens of free country, and The genius of our free institutions, and the policy of the law, offer but slight eneourz cement to the appointment of guardians. except for persons of immature age, and per- sons of unsoand mind, 1t Is somewhat difficult to conjecture who might be au- thoriZed 10 act the part of Lord High Executioner" in the promised killing scene. IL is. however, pleasant to in- dulge the belief that sll attempted san- guinsry proceedings in the premises might be avoided simply by sbe would be mortgager declining to paironiZe tlse "Ansconds Snake Show" which Judge Caldwell so thoroughly advertised in an address delivered in Little Rock some few years ago.
 If the last general assembly, in its st. tempt 10 repeal the existing .tatute on the subject of crop mortgages, intended 10 iny2lidsie crop mortgages, or afford practical relief 70 the les fortunate farmer class Of citizens, ii is difficult 10 comprehend in what wsy such repeal would accomplish the ends sought to be attained. If such repeal would not have the effect to destroy or lessen the squeezing force of fhe "AnsconcA" il would seem m that such legislation would have been useless. or al best only sUf- fcienily potent to transfer the mortgagor ''from the firing pan into the fire.n
 Lei us see what our supreme court has held on the validity of crop mort gsges, independent of the statute to Validate Mortgages on Crops other wise kEown as the "An2conc2 Mortgage Lawr
 h Apperson vs. Moore, No. 8, Ark, rage 5e. C. J. English delivering the opinion, in passing upon 8 moi tgage executed upon The crops to be planted, ruled ah ss the instrument bound noih- ing sf the time il was executed because the crop 10 which it related was not then in existence. but that as soon as the crop grew the lien attached and bound il effectuslly from that time. The instrument was held 10 be sn equitable and not legal mortgage. That is, s court of law would refuse 10 recognize it, but 8 court of equity would enforce ii. In other words, neither ihe morig gee nor trustee (shere one WIS named) could bring sn action of re- plevin for the possession of the prop erfy, nor an action of froyer for its con- version for these were legal sections, that is, actions brought in 6 court of law as distinguished from eqaity. But the morsgagee or his trustee, where one was named iu the mortgage, could bring suit in equity to fore close the mortgage, co7ld lave the crop seizei by al receiver upon making $ showing 90 war rant IL, cause il 10 be sold and have the proceeds, if sny were left after this ex- pensive proceeding, applied 10 the pay meni of the mortgage debt. The learned ! chief justice showed by a review of the ! cause that that was the rule as under stood by Judge Story, the supreme court of ihe United States, and the au- tkorities generally.
 The decision was made without refer ence to any set of the legislature, and ! in the same line, and independent of the l acts miscslled acls 10 ssyaIidAte Mort ] gsges on Crops" ii has been held by The supreme court of Arkansas that 6 mortgage upon an implanted crop could | De filed for record the same as any other 1 mortgage, and thus impsrt notIee 10 l subsequent purchasers and iucum- 1 brancers, and ihst 1t was s criminal off, l fense 10 sell property thus mortgaged, | The same as II was 70 sell other mort 1 gagged property. (Besrd ys. State, 43 I Ark, page 2s4.
 II will thus he seen thst practically, 1