Opinion
(September Term, 1894.)
Agricultural Lien — Husband and Wife — Crops Made by Husband on Wife's Land not Subject to Mortgage by Husband Without His Wife's Knowledge or Consent.
Where a wife has not leased her land to her husband or given him any proprietary use or interest therein, a chattel mortgage conveying the crops grown on such land, given by the husband without the knowledge or consent of the wife, for supplies furnished the husband in cultivating the crops, gives the mortgagee no right to recover such crops.
ACTION tried at Spring Term, 1894, of CURRITUCK, before Armfield, J., and a jury, begun before a justice of the peace for Currituck, to recover a lot of corn, claimed under a chattel mortgage executed by the husband alone.
Grandy Aydlett for plaintiff. (18)
W. J. Griffin for defendants.
This is an action in the nature of replevin to recover a crop of corn cultivated on the land of the feme defendant. The plaintiff claims under a chattel mortgage executed by her husband, but there is no evidence tending to show that she knew of or assented to the execution of the said mortgage, or that she had leased her land to her husband, or had given him any proprietary use or interest in the same. The case is, therefore, clearly within the principles laid down in Wells v. Batts, 112 N.C. 283, and Branch v. Ward, 114 N.C. 148, and it was error in holding that the plaintiff was entitled to recover any part of the crop.
New trial.
Cited: Thompson v. Coats, 174 N.C. 198; Guano v. Colwell, 177 N.C. 220.