Page:North Dakota Reports (vol. 2).pdf/485

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MERCHANTS’ NATIONAL BANK v. MANN.
459

that exists in the other. The record would give just the same information in one case as in the other, and no more. True, in the one case there would come a time beyond which the lien could not extend whether the debt was paid or unpaid, while in the other it would cover the crop of every year until the debt was paid; but we see nothing in that fact that would invalidate the mortgage. If the mortgage can cover one crop not in esse, it can cover any number; and while it stands in force upon the record it is notice to all the world that it has attached toall the specified crops that have come into existence. None of the cases cited by respondent require us to hold this mortgage invalid for the reason urged. In Pennington v. Jones, 57 Iowa 37, 10 N. W. Rep. 274, the description, so far as it referred to time, read: “To be sowed and raised on the land leased of Barber McDowell, and now occupied by said W. A. McDowell.” No year was named, no beginning or end of term specified, or any data from which it could be inferred. In Eggert v. White, 59 Iowa 464, 13 N. W. Rep. 426, the description read: “All and the entire crop of flax and wheat and other grain or produce raised on the east half,” etc. Held void for uncertainty, as furnishing no notice when such crop was, or was to be, “raised.” In Barr v. Cannon, 69 Iowa 20, 28 N. W. Rep. 413, the description was identical with the last description, so far as time was involved, and was held bad for the same reason. And in Luce v. Moorhead, 73 Iowa 498, 35 N. W. Rep. 598, the mortgage covered “all crops growing and to be grown.” Held valid as to growing crops and invalid as to crops to‘be grown, for the reason that no year was indicated in which the crop was to be grown. It will be noticed that in all these cases from Iowa the description is insufficient to raise an inquiry that would result in identification. While under the description in the case at bar the question of identification does not arise, the description covers all crops for every year from the time the mortgage was given until it was paid. The only inquiry required to ascertain the rights of the mortgagee was as to payment, and that inquiry is present under every mortgage, and decisive in all cases where no other question is involved.

Counsel also cites Wooten v. Hill, 98 N. C. 48,3 S. E. Rep.