Buck

Appellant, California Fruit Exchange, a corporation, is the mortgagee of a recorded crop mortgage executed to it by respondent F. M. Buck. It claims priority of right and lien by virtue of this crop mortgage and by virtue of an unrecorded crop contract also executed to it by F. M. Buck, over a subsequent chattel mortgage executed by F. M. Buck to respondent Frank H. Buck Company, a corporation. The action was commenced by the Frank H. Buck Company to foreclose its chattel mortgage for the sum of fifteen thousand dollars and for a decree establishing its priority of right over the California Fruit Exchange contracts. Frank M. Buck suffered default, judgment passed for plaintiff as prayed for, and from that judgment and from the order denying its motion for a new trial the California Fruit Exchange appeals.

The facts disclosed are the following: In December, 1905, F. M. Buck executed to the appellant a mortgage upon the crops of fruit “now standing and growing and that may hereafter be grown upon my farm and orchard comprising 140 acres in Solano County.” The mortgage was given to secure an indebtedness of twenty-five hundred dollars. It contained an added provision as follows:…