Owens

This is an action to foreclose a mortgage. August 24, 1892, defendant W. C. Owens made to plaintiff a mortgage upon certain lands to secure an indebtedness due it. After a description of the land the mortgage contained the following words, “together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, and the rents, issues, and profits thereof.” It was not executed as the code requires chattel mortgages to he executed. In the fall of 1894 Owens seeded the land to wheat. Defendants Haslacher and Kahn contracted to furnish money to enable Owens to put in the crop, their advancements to he secured by a crop mortgage. Of' this contract plaintiff was fully advised before the crop was put in. The wheat was put in under the contract, and the crop mortgage given, executed in due form. Haslacher and Kahn appeared and made their defense in the action.

The court, upon the bringing of the action, appointed a receiver, who took the crop into possession.

The court found the facts as to the crop mortgage and that the indebtedness to Haslacher and Kahn had not been paid.

As matter of law, it was found that the proceeds of the sale of the crop should he…