Page:North Dakota Reports (vol. 48).pdf/729

 339-55. On December 30, 1919, they gave to the bank a note for this amount, payable June 1, 1920, secured by a chattel mortgage upon certain described cattle, horses, and machinery and upon “all crops of every name, nature and description, which have been or may be sown, grown. planted, cultivated or harvested during the year A. D. 1920 on the following described real estate, viz.: On the S. W. % of section 15, N. W. Y of section 22, N. W. % of section 10 and the S. \%, S. ¥Y, section 14. all in township 130, range 103.” Nelson resided upon the premises at the time, and he and Johnston were in possession. The defendant Halpern owned the land. On February 19, 1920, Halpern leased a portion of the land described in the mortagagemortgage [sic] to one Rossenborg and the remainder to the defendant Nelson. The plaintiff bank, at the time of the leasing to Nelson, was consulted with reference to the same, and advised in a general way regarding the terms of the lease, although it seems that it did not receive a copy. Halpern made known to the bank his desire that it should not take the personal property under the mortgage during the coming crop season, as the note would mature in June, and the bank manifested its interest in the crop to be raised. The lease was in the nature of a cropper’s contract. It covered the N. 1/2 of section 10, the S. % S. % of section 14, S. W. % of section 15 and the N. W. 1/2 of section 22, except certain of the cultivated lands therein, which had beer rented to Rossenborg. The cropper agreed to haul Halpern’s share tu an elevator at Griffin for 8 cents per bushel, and it was agreed that the division of all grains should be made at that elevator, all the wheat to be delivered in the name of Halpern. The share of each contracting party was to be one-half, and certain expenses were to be divided accordingly. It was expressly agreed that the title of all crops should remain in Halpern until division, and that the cropper’s share should be held by Halpern as security for $300 cash rent to be paid on pasture lands and “for any other or further advances that the said party of the first part might make” to the second party. It seems that the mortgagor Johnston did not remain upon the place, and took no part in cropping the land that season; also that Nelson was financially embarrassed to such an extent that it was found necessary for Halpern to make certain advances to him to defray current expense of operation. In addition to the purchase of a tractor by Halpern and his becoming liable for the purchase price of a small truck, which two items are not claimed as advances in this action, Halpern advanced about $1,088.16. This he claims is a lien on