{ "id": 11273242, "name": "SHADE WOOTEN and J. W. ISLER v. CALHOUN HILL", "name_abbreviation": "Wooten v. Hill", "decision_date": "1887-09", "docket_number": "", "first_page": "48", "last_page": "54", "citations": [ { "type": "official", "cite": "98 N.C. 48" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "90 N. C., 270", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8692044 ], "opinion_index": -1, "case_paths": [ "/nc/90/0270-01" ] }, { "cite": "72 N. C., 231", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8691455 ], "opinion_index": -1, "case_paths": [ "/nc/72/0231-01" ] }, { "cite": "92 N. C., 351", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11273760 ], "opinion_index": -1, "case_paths": [ "/nc/92/0351-01" ] }, { "cite": "86 N. C., 350", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11274000 ], "opinion_index": -1, "case_paths": [ "/nc/86/0350-01" ] }, { "cite": "21 Ark., 217", "category": "reporters:state", "reporter": "Ark.", "opinion_index": 0 }, { "cite": "62 Ala., 194", "category": "reporters:state", "reporter": "Ala.", "case_ids": [ 5591497 ], "opinion_index": 0, "case_paths": [ "/ala/62/0194-01" ] }, { "cite": "52 Miss., 813", "category": "reporters:state", "reporter": "Miss.", "case_ids": [ 8840616 ], "opinion_index": 0, "case_paths": [ "/miss/52/0813-01" ] }, { "cite": "121 U. S., 391", "category": "reporters:federal", "reporter": "U.S.", "opinion_index": 0 }, { "cite": "84 N. C., 281", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8691623 ], "opinion_index": 0, "case_paths": [ "/nc/84/0281-01" ] }, { "cite": "83 N. C., 317", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11277678 ], "opinion_index": 0, "case_paths": [ "/nc/83/0317-01" ] }, { "cite": "83 N. C., 75", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11277018 ], "opinion_index": 0, "case_paths": [ "/nc/83/0075-01" ] }, { "cite": "90 N. C., 270", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8692044 ], "opinion_index": 0, "case_paths": [ "/nc/90/0270-01" ] }, { "cite": "72 N. C., 231", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8691455 ], "opinion_index": 0, "case_paths": [ "/nc/72/0231-01" ] }, { "cite": "92 N. C., 351", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11273760 ], "opinion_index": 0, "case_paths": [ "/nc/92/0351-01" ] }, { "cite": "86 N. C., 350", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11274000 ], "opinion_index": 0, "case_paths": [ "/nc/86/0350-01" ] } ], "analysis": { "cardinality": 541, "char_count": 10836, "ocr_confidence": 0.487, "pagerank": { "raw": 6.449527820779323e-07, "percentile": 0.9600107959962144 }, "sha256": "baada2bdd552aaed2721bc60850c078a061d8c5f8b179d23a4f768fb3e405b25", "simhash": "1:b893b62143535feb", "word_count": 1955 }, "last_updated": "2023-07-14T17:51:55.485321+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "SHADE WOOTEN and J. W. ISLER v. CALHOUN HILL." ], "opinions": [ { "text": "Davis, J.,\n(after stating the case). Section 1799 of The Code provides: \u201cIf any person shall make any advancement either in money or supplies, to any person who is engaged in, or about to engage in, the cultivation of the soil, the person so making such advances shall be entitled to a lien on the crops which may be made during the year upon the land in the cultivation, of which the advances so made have been expended, in preference to all other liens existing or otherwise, to the extent of such advances,\u201d &c., provided an agreement therefor shall be executed in the mode prescribed.\nThe plaintiffs claim under Such a lien duly executed and registered April 2d, 1886 ; the defendant claims under chattel mortgages, duly executed and registered prior to that date, and the question presented by the appeal is, whether the lien or chattel mortgages shall be preferred, as to the crop mentioned in both ? It is not claimed that the plaintiffs have any right to have a prior discharge of their claim out of the personal property, other than the crop \u2014 as to that the plaintiffs hold only a chattel mortgage, subordinate to any prior chattel mortgage duly registered, for the instrument may operate as an agricultural lien in part, and a mortgage in part. Rawlings v. Hunt, 90 N. C., 270.\nWhen the statute (Act of 1866-67, chap. \u2014), was passed, authorizing what are known as agricultural liens, it was, I think, the general impression of the profession that only such fructus industriales as at common law were subject to levy under execution, or went as emblements to the personal representative, instead of to the heir, were the subject of sale as personal property, and as the act of 1844 (Rev. Code, chap. 45, \u00a711,) excepted growing crops from levy under execution until matured, it was uncertain to what extent they could be mortgaged or sold. Some legislation was thought necessary to enable those engaged, or about to engage, in the cultivation of the soil, to procure aid in the way of supplies, and it was for this purpose the act was passed. It is now settled that an unplanted crop is the subject of mortgage. Robinson v. Ezzell, 72 N. C., 231; Cotton v. Willoughby, 83 N. C., 75; Harris v. Jones, 83 N. C., 317.\nThe authorities do not warrant the conveyance of an indefinitely prospective wvplanted crop, and we think it should be limited to crops planted, or about to be planted, as the crop next following the conveyance.\nAs the crop, planted or unplanted is now conceded to be the subject of sale and mortgage, it is insisted that a mortgage of such a crop is to be regarded as the mortgage of any other chattel, and is valid from its registration against all other liens. This is certainly not true as against the landlord, because, answers the objector, as against him the statute, (The Code, \u00a71754,) declares that the crop \u201cshall be deemed and held to be vested in possession of the lessor or his assigns at all times,\u201d till all the stipulations in regard to the case shall be complied with, and the purchaser or mortgagee takes it, with a full knowledge of the statute, and of the rights secured to the landlord thereby ; and this is a full answer in favor of the landlord.\nSection 1799 of The Code declares that the lien for advances made to enable the cultivator of the soil to make the crop, shall, as to the crop made by the aid of such advances, be good \u201c in preference to all other liens existing or otherwise, to the extent of such advances,\u201d upon a compliance with the provisions of the statute, the only exception being that in favor of the landlord, contained in the following section. Why does not the purchaser or mortgagee of the crop take with as full knowledge of the provisions of this section of The Code as of that which secures the rights of the landlord? He takes with a full knowledge that if advances shall be necessary to enable the cultivator to make the crop, and without which there would perhaps be no crop, such advances shall be a preferred lien upon the crop, made by reason of such advances, and that this preference shall extend to \u201c existing \u201d liens. All laws relating to the subject matter of a contract enter into and form a part of it, as if they were \u201cexpressly referred to or incorporated in its terms.\u201d O\u2019Kelly v. Williams, 84 N. C., 281; Lehigh Water Co. v. Easton, 121 U. S., 391. It impairs the obligation of no contract. Land is sold under execution \u2014 there is a lien on the crop for advances \u2014 the purchaser buys in subordination to \u00a71799 of The Code. Dail v. Freeman, 92 N. C., 351.\nIn Herman v. Perkins, 52 Miss., 813, it is said that although an agricultural lien may be junior in date to a mortgage, yet the right of the mortgagee is subordinate to the agricultural lien subsequently imposed by the mortgagor upon the crop. The statute giving the lien in Mississippi is not more absolute or imperative than ours.\nIn Stone v. Simpson, 62 Ala., 194, a similar construction was placed upon the agricultural lien law of that State, and it was held that, under the statute, a crop lien had \u201cprecedence over all prior mortgages, and all prior liens, except that of the landlord for rent.\u201d A similar construction has been placed upon similar statutes in New Jersey, Arkansas, and other States. Vreeland v. Jersey City, 37 New Jersey, 574; Case v. Allen, 21 Ark., 217.\nIt is said that the lien in question is not in accordance with the requirements of the statute, because, by its terms, it is to secure advances \u201c heretofore made,\u201d as well as those \u201c hereafter \u201d to be made, and we are referred to Patapsco Guano Co. v. McGhee, 86 N. C., 350.\nThe case agreed states that no advances were made before the execution of the lien, but all were made after its execution.\nWe think that in this respect it sufficiently complies with the statute. The plaintiffs\u2019 lien is preferred to that of the defendant, and there is error.\nError. Reversed.", "type": "majority", "author": "Davis, J.," } ], "attorneys": [ "Mr. W R. Allen, for the plaintiffs.", "No counsel, for the defendant." ], "corrections": "", "head_matter": "SHADE WOOTEN and J. W. ISLER v. CALHOUN HILL.\nAgricultural Lien \u2014 Contract\u2014Mortgage\u2014Landlord and Tenant.\n1. An agricultural lien duly executed and registered takes precedence of a mortgage of prior date and registration, upop. the \u201ccrops\u201d therein subjected, to the extent of the advances made.\n2. The lien of the landlord takes precedence of all liens.\n3. An agricultural lien and a mortgage may be created by the same instrument.\n4. The operations of a mortgage or agricultural lien in respect to crops is confined to crops then or about to be planted, and will not be extended further than those planted next after the execution of the instrument.\n(Patapseo Guano Co. v. McGee, 86 N. C., 350; O'Kelly v. Williams, 84 N. 0., 281; Dail v. Freeman, 92 N. C., 351; Robinson v. Ezzell, 72 N. C., 231; Cotton v. Willoughby, 83 N. G., 75; Harris v. Jones, Ibid., 317; Rawlings v. Hunt, 90 N. C., 270; cited and approved).\nCivil action, tried .upon a case agreed, before Philips, Judge, at August Term, 1887, of the Superior Court of Lenoir county. There was judgment for the defendant, and the plaintiffs appealed.\nThe action was originally commenced in the Court of a justice of the peace, and was carried by appeal to the Superior Court. The facts agreed are, substantially, that the plaintiffs are the surviving partners of J. S. Wooten & Bro., and this action was commenced to recover money had and received by the defendant to the use of the plaintiffs; that on the 1st day of January, 1886, one W. J. Watkins executed to one J. A. McGee, a chattel mortgage, in the usual form, and includes, among other things, the \u201centire crops of corn, cotton, rice, wheat, rye, and all other produce growing, and to be grown,\u201d by the said Watkins, for the year 1886, on his own lands, or the lands of others; that said chattel mortgage was duly and properly registered on the 29th of January, 1886, and there is now due thereon the sum of $26.00, and the defendant is the owner of the same.\nThat'on the 29th of January, 1886, the said Watkins executed to the defendant Hill, a chattel mortgage, and which is in the usual form, and by which the said Watkins conveyed as follows : \u201c My entire crops of every kind, to be made and grown on the lands upon which I now reside, * * * during the year 1886, whether the same are cultivated by me, or any one for me.\u201d This mortgage was also properly registered, on tile 29th of January, 1886, and there is now due on the same the sum of $525.\nThat on the 2d day of April, 1886, said Watkins executed to J. S< Wooten &Bro. an instrument, of which the following is a copy :\n\u201c On the 15th day of October, 1886, I promise to pay Jas. S. Wooten & Bro., or order, sixty dollars for advances heretofore made to me, and hereafter to be made to me, in merchandise, by Jas. S. Wooten & Bro., (in accordance with an act entitled \u201c An act to secure advances for agricultural purposes,\u201d ratified March 1st, 1867,) to cultivate a crop for the year 1886, not to exceed, in addition to what has been heretofore advanced to me, the sum of sixty dollars. To secure the payment of the same, I hereby constitute this a lien on the crop of com, cotton, and other produce to be raised by or for me during the year 1886, in Dupliii county, on my own lands; and for the further security, I hereby convey to the said Jas S. Wooten & Bro. the following articles of personal property : One dark bay horse mule, eleven years old ; one cow and calf, two steers, three sows and seven pigs, two buggies, one cart, farming utensils of all kinds, all of which I represent to be my own right and property, and that no other person has any claim on the same, except twenty-five dollars to John McGee. But on this special trust, that if I fail to pay said debt and interest on or before the 15th day of October, A. D. 1886, then they may sell said property, or so much thereof as may be necessary, by public auction, for cash, first giving ten days\u2019 notice at three public places in the county, and apply the proceeds of such sale to the discharge of said -debt and interest on the same, and costs, and pay the surplus, if any, to me.\u201d\nThis was duly registered on the 6th day of April, 1886.\nWatkins was not indebted to Wooten & Bro. in any ;amount before the execution of this instrument, but this fact was not known to the defendant.\nAfter its execution they made advances under it to enable him (Watkins) to cultivate a crop on his own land during the year 1886, to the amount of more than $60. No advances were made before its execution, and no part of the advances made under it have been paid.\nThe defendant, on the 1st of December, 1886, took into his possession the crops raised by the said Watkins on his own land, in Duplin county, during the year 1886, and used the same, and refused to account for any part thereof to the plaintiffs. The crops were of the value of $95.\nMr. W R. Allen, for the plaintiffs.\nNo counsel, for the defendant." }, "file_name": "0048-01", "first_page_order": 80, "last_page_order": 86 }