BUTT v. ELLETT


86 U.S. 544 (____)

19 Wall. 544

BUTT v. ELLETT.

Supreme Court of United States.


Attorney(s) appearing for the Case

Messrs. R.H. Marr and T.A. Clarke, for the appellants:

Messrs. Estes, Jackson, and Ellett, contra:


Mr. Justice SWAYNE delivered the opinion of the court.

The mortgage clause in the contract of lease of the 15th of January, 1867, executed by Sillers and Graham, could not operate as a mortgage, because the crops to which it relates were not then in existence. When the crops grew, the lien attached and bound them effectually from that time.

It is admitted that the cotton in question was one of those crops.

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