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59 Cal. 142

Waterman v. Green

California Supreme Court

Decided July 15, 1881

California Supreme Court · decided 1881-07-15

<p>Chattel Mortgage—Crop.—Section 2972 of Civil Code keeps alive the lien of a mortgage upon a growing crop only so long as the same remains on the land of the mortgagor.</p>

Relies on Goodyear v. Williston

Decided 1881-07-15

The Court:

¶1The grain seized under the attachment was three miles away from the land of the mortgagor. By a former statute it was provided that the lien of a mortgage upon a growing crop should cease when the crop was harvested. Held, that the lien ceased when the crop was severed from the land. (Goodyear v. Williston, 42 Cal. 11.)

¶2Section 2972 of the Civil Code keeps alive the lien of such a mortgage upon a crop only “so long as the same remains on the land of the mortgagor.”

¶3Judgment and order affirmed.

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