Treat

This action was brought to foreclose a mortgage for thirty-five thousand dollars and interest, executed July 8, 1891, in favor of plaintiff, by Emery D. Howe and Ellen D. Thurber, upon a ranch situate in Contra Costa county. The mortgage purported to convey the land, etc., with the “rents, issues and profits thereof,” and was acknowledged and duly recorded July 10, 1891.

The Earl Fruit Company (a corporation) held a subsequent chattel mortgage executed in due form July 20, 1892, upon the “ crops of fruits and grapes now growing *624 and to be grown during the seasons of 1892 and 1893, upon the same ranch, and which was recorded July 21, 1892. ”

The Earl Fruit Company was made a defendant in the action, and filed an answer and cross-complaint, in the latter of which it set up its chattel mortgage, and averred there was due thereon eight hundred and eighty-two dollars and sixty-five cents, for which sum it prayed judgment against the mortgagor defendants, and that it be declared a lien upon the “ fruit and grape crops of 1893, and prayed further that if plaintiff’s mortgage be declared a lien, that the premises be sold separately from the fruit and grape crop of 1893, and that the…