CROP LIENS.

Press, Volume XLV, Issue 7157, 19 September 1888, Page 6

CROP LIENS.

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[ntOK OUB OOBRBSPONDZNT.J

TIMABU, September 12.

An interesting case, under crop Hen provisions of Chattels Securities Act» occupied Judge Broad yesterday and today. A farmer named Foster executed a Uen on his crops to Moody aad Zieeler, who transferred the lien to the Colonial Bank. The latter took possession of the crop in the field, with the assent of the lienor, thrashed it, and had it stored in town. Two sons of Foster, being advised that the lien was defective, obtained judgments against the father for arrears of : wages to large amounts, and put the bailiff in possession of the wheat in the store. The Bank, of course, claimed the grain, and paid the appraised value into Court to abide its decision on the question of ownership. The memorandum of lien, it was alleged by counsel for the judgment creditors was invalid from not being in accordance with the Act, and from not being registered within the time fixed. To this it was replied that the alleged defect in registration was the fault of the Court itself, a Court holiday interfering, and as to the terms of the lien, they were binding , on the lienor. The Bank also contended that, having obtained possession of the grain before executions were issued, their common law title was good. His Honor gave judgment for the Bank on the latter ground, finding that the lienor had assented to their taking possession. It expressed no opinion on the questions of registration or the legal value of the instrument taken separately.