v. Broesch, 2 N. W. Rep. 963; Luce v. Moorhead, 35 N. W. Rep. 598; Green v. Rogers, 62 Ga. 166; Dehority v. Paxsen, 97 Ind. 253; Holroyd v. Marshall, 10 H. L. Cases 191; Fuller v. Railroad Co., 43 N. W. Rep. 1085; Bennett v. Bailey, 22 N. E. Rep. 916; Ludlum vy. Rothchild, 43 N. W. Rep. 137; Melin v. Reynolds, 19 N. W. Rep. 81; McKay v. Shotwell, 50 N. W. Rep. 622; Sandwich Mfg. Co. v. Robinson, 49 N. W. Rep. 1031; Pennock v. Coe, 23 How. 117.
James F. O’Brien, for respondents:
The description in the mortgage is insufficient to impart notice to the world. Pennington v. Jones, 10 N. W. Rep. 274; Eggert v. Thoren, 13 N. W. Rep. 426; Barr v. Cameron, 28 N. W. Rep. 413; Smith v. Coor, 10 8. E. Rep. 466.
The opinion of the court was delivered by
Bartholomew, J. This was an action for conversion of certain grain, brought by plaintiff as mortgagee. A demurrer to the complaint was sustained, and plaintiff appealed. The sole question raised relates to the sufficiency of the description in the mortgage. The mortgage was given in March, 1888, to secure a note due December 1, 1888, and the portion of the description upon which the attack is made reads as follows: “All the crops of every nature, name, and description, to be sown, grown, planted, cultivated, or harvested during the years A. D. 1888, 1889, and for each and every succeeding year until the debt hereby secured is fully paid on the following real estate,” etc. The grain in controversy was raised by the mortgagor upon the premises described in the year 1890. Section 4328, Comp. Laws, reads: “An agreement may be made to create a lien upon property not yet acquired by the party agreeing to give the lien, or not yet in existence. In such case the lien agreed for attaches from the time when the party agreeing to give it acquires an interest in the thing to the extent of such interest.” In the case of Grand Forks Nat. Bank v. Minneapolis & N. Elevator Co., 6 Dak. 357, it was held upon full review of the authorities that under the provisions of this section a party might mortgage a crop to be grown in the future, and
