Lawrence

Lawrence v. Oakes

Good Law
117 Cal. App. 32·1931 Cal. App. LEXIS 405·3 P.2d 334
Court of Appeal of CaliforniaSeptember 23, 1931Docket No. 7984.California1,085 words

Opinion

Lead Opinion

Spence, J.

The Stewart Fruit Company, one of the defendants in the above-entitled action, through E. G. Porter, receiver for said company, filed its cross-complaint against William C. Oakes and Mary Rose Oakes as cross-defendants seeking to foreclose a mortgage covering crops grown upon the premises of said cross-defendants. Fromi a judgment in favor of cross-complainant decreeing foreclosure of said mortgage, cross-defendants appeal.

We will refer to said cross-defendants as the mortgagors and to the Stewart Fruit Company as the mortgagee. On November 21, 1922, the mortgagors who were indebted' to the mortgagee in the sum of $8,864.97 executed a promissory note to cover said indebtedness secured by the mortgage in question. The mortgage covered “all crops of citrus fruits now growing and to be grown during the seasons of 1922-1923-1924 and 1925 upon the trees and vines standing, growing and to be grown during said seasons” upon the land's therein described. It further provided that “in the event said promissory note shall not be fully paid at maturity, it shall in like manner be secured by, and this mortgage shall likewise fully cover, all crops of the same character, growing or to be…

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