Bank of America National Trust & Savings Ass'n v. Bank of Amador County

This action involves the question of whether the beneficiary of the deed of trust conveying real' property, together with the rents, issues and profits thereof, or the holder of a subsequent crop mortgage, mortgaging the crop thereon, is entitled to the proceeds of a growing crop. Also, error of the court in admitting evidence. The defendant holding the trust deed had judgment, and from this judgment the plaintiff appeals.

The transcript shows that on or about the seventh day of August, 1930, Richard Raggio and Clayton Raggio executed a deed of trust to the respondent, the trust deed conveying to trustees for the benefit of the respondent, certain real property owned by the Baggios, together with the rents, issues and profits thereof, and provided, among other things, that in case of default the trustees named in the deed of trust, either personally or by receiver, might enter upon and take possession of the property, and collect the rents, issues and profits thereof.

On the third day of October, 1931, the Baggios executed to the appellant, as security for the payment of a promissory note, a crop mortgage mortgaging to said appellant all crops growing, or that might be growing…