Lemon

W. S. Morton leased a tract of land in Ventura county from the plaintiff for the term of one year from ¡November 1, 1895, at the annual rent of four hundred and twenty dollars, payable before the termination of the lease. The terms of the lease were agreed upon, and a written instrument expressing them was prepared on that day, but was not signed by the parties until the 33d of December. The lease was not recorded, and contained the following provision: “It is agreed *274 by and between the parties hereto that the party of the first part shall have and control all produce from said land, and shall have the right to sell and dispose of the same, until the whole amount of the rental herein provided for shall have been paid.” On the 8th of November Morton and his brother executed a chattel mortgage to the defendants upon “the crop of beans now being standing, and growing, or to be grown, upon” the land leased to him, as security for a promissory note of one hundred dollars that day executed to the defendants, and for such moneys as should be advanced or merchandise sold to them not exceeding-five hundred dollars in addition to the amount of the note. The beans were planted in June,…