Duncan

Replevin for four hundred and fifty sacks of wheat, part of the crop grown during the cropping season of 1892-93 by J. R. and B. F. Davisson on certain large tracts of land farmed by them as copartners in Yolo county. Said copartners made two negotiable promissory notes in favor of one Wolf Levy, the first dated November 9, 1892, for the sum of $4500, and the second dated April 5,1893, for $2958.78, each payable with interest one month from its date, and each secured by a separate mortgage executed by the Davissons upon their said crop growing and to be grown. It was provided in each mortgage that the mortgagors would care for and protect the mortgaged crop while growing and until fit for harvest, and then faithfully harvest, thresh sack, and deliver the same immediately into the possession of said Levy or his assigns, to be held and disposed of for the payment of the debt secured thereby; that in case of the default of the mortgagors in any of those particulars the mortgagee or his assigns might protect, harvest, etc., the crop, and the expenses incurred in that behalf should be secured by the mortgage and be first payable from the proceeds of sale; that the mortgagee or his…