Pollack

Appellant here asserts his right, as beneficiary under trust deeds of orchard lands, to the proceeds of a crop of oranges harvested by the trustee in bankruptcy while appellant was prevented by order of the bankruptcy court from completing a sale of the lands under powers of sale contained in the trust deeds. The district court confirmed the referee’s determination that appellant had no interest in the crop.

Judd Bradley and wife owned the land upon which the crop was grown. They had given trust deeds to appellant’s predecessor to secure the payment of notes. The instruments, executed and recorded as deeds of trust of real property, but not conforming to the requirements of California Civil Code, Section 2956, relating to mortgages of crops, provided that the holder of the trust deeds had the right “as additional security to collect the rents, issues and profits” of the real property, which was situated in Tulare County, California.

On July 1, 1947, there had occurred defaults in the payment of two installments due under the notes and trust deeds, and on July 10, 1947, the appellant filed for record in the office of the county recorder a notice of default pursuant to California…