the trial judge which we are clear in no manner prejudiced the appellant. The judgment of the district court is affirmed. All concur.
Merchants’ National Bank, of Devils Lake, a Corporation,
Plaintiff and Appellant, v. Frank W. Mann and F. W.
Parker, Co-Partners as F. W. Mann & Co., and Ever
Wagness, Defendants and Respondents.
Mortgage on Crops—Construction—Uncertainty.
A chattel mortgage, which covers all crops to be grown on certain specified land “during the years A. D. 1888, 1889, and for each and every succeeding year until the debt hereby secured is fully paid,” is not void as to the crop raised by the mortgagor on said land in the year 1890, by reason of any uncertainty as to the time when the crops covered by said mortgage are to be grown.
(Opinion Filed March 7, 1892.)
APPEAL from district court, Ramsey county; Hon. D. E. Morgan, Judge.
A. S. Drake, for appellant. James F. O’Brien, for respondents.
Action by the Merchants’ National Bank, of Devils Lake, against Frank W. Mann & Co. and Ever Wagness for conver- sion. From an order sustaining a demurrer to the complaint, plaintiff appeals. Reversed.
A. S. Drake, for appellant:
A chattel mortgage given upon property not in esse is valid. Bank v. Elevator Co., 43 N. W. Rep. 806; Mitchell v. Winslow, 2 Story 630; McCaffrey v. Woodin, 65 N. V. 459; 4th Amer. & Eng. Ene. of Law, p. 903. The description in the mortgage was ample. Jones on Mortgages, § 55; Rawlins v. Kennard, 41 N. W. Rep. 1004; Page v. Kendig, 7 Atl. Rep. 878; Howell v. Francis, 10 Atl. Rep. 436; Hughes v. Wheeler, 24 N. W. Rep. 251; Scharfenburg v. Bishop, 35 Iowa 66; Stephens v. Pence, 9 N. W. Rep. 215; Cadwell v. Pray, 2 N. W. Rep. 52; Fejavary
