Wilson

Respondent, owning a certain tract of land, leased it to defendant William Donaldson for a share of the *9 crop as rent, to be delivered in the sack to her. He also gave her a chattel mortgage upon all his interest in the growing crop to secure a then existing indebtedness. William Donaldson hired appellant C. L. Donaldson to harvest the crop at an agreed price of one dollar per acre. The grain was harvested under this contract, and upon the completion of the work this appellant took possession of two hundred and fifty sacks of the grain, claiming a lien thereon to the extent of his contract price for the labor performed. Respondent claims the property under her chattel mortgage, executed and recorded before the grain was ready for the harvesting.

Appellant contends that he is entitled to a lien upon the grain by virtue of sections 3051 and 3052 of the Civil Code, which relate to statutory liens created when labor is performed upon personal property under the various circumstances there enumerated. Upon principle, Douglas v. McFarland, 93 Cal. 656 , to some extent at least, supports the right of appellant Donaldson to claim a lien upon the grain for his labor under the…