Bell v. Central Bank of Imperial Valley
Opinion
Lead Opinion
Stephens, J.
This is an appeal from a judgment for plaintiff in an action for damages for conversion. It is here on a bill of exceptions.
On January 13, 1920, a written lease to a farm in Imperial County for a period of two years from February 1,1920, was signed by L. L. Sidwell, lessor, and Sucha Singh, lessee, by the terms whereof rental was to be paid as follows: Sixteen hundred dollars down, which was paid; $1,600 on November 15, 1920, December 1, 1920, February 1, 1921, November 15, 1921, and December 1, 1921. The lease provided that a crop mortgage on fifty per cent of the produce should be given to secure the rental. This instrument was assigned on July 20, 1920, to Belle F. Bell, plaintiff and respondent herein. Pursuant to its terms, a crop mortgage was executed upon fifty per cent of the crop to secure the rent. The written lease, mortgage, and necessary affidavit of good faith required by section 2957 of the Civil Code contain the name of Hárman Singh as one of the lessees, but he did not sign any of these instruments. The notary’s jurat, however, states that both Sucha and Harman Singh appeared before him, etc. The mortgage was recorded March 25, 1920, was assigned to plaintiff on…