Brashear

This appeal is prosecuted by the plaintiff in an action wherein the latter sought to foreclose a chattel mortgage which had been executed to it by the defendants E. E. Brashear and Marie Brashear on October 22, 1921, to secure a promissory note for the principal sum of $6,300, also then executed, and which note provided for interest and future advances. The mortgage in question was in form a crop mortgage, by the terms of which the Brashears mortgaged to the plaintiff the crops growing and to be grown during a series of succeeding years upon a certain tract of land consisting of 1,000 acres which had been subleased to said E. E. Brashear during the year 1920 by two certain parties named Collins and Cathey, who were, in turn, the lessees of a much larger tract of land, which embraced the above acreage, from the Turlock Irrigation District, the owner thereof. The sublease to E. E. Brashear provided that the latter should summer-fallow at least 300 acres of said subleased land each year and that in the event of his failure so to do his lease should become null and void. It was while he was the holder of said sublease that E. E. Brashear and his wife executed and delivered to the…