
    Clark, Rosser & Company vs. Wheaton, survivor.
    •1. This case as to the nature of the instrument is controlled by the case of Lee vs. Olarrk, Rosser & Go., decided to-day.
    2. If the principle there ruled, that the paper held by Clark, Bosser & Co. was a mortgage and not a sale, did not rule the case, the judgment here being older than the oldest of the instruments held by Clark, Rosser & Co. would take the crop in preference to tlieir claim. The lien of that judgment was upon the land of defendant and whatever was planted and grew thereon, and so soon as the crop was grown thereon and matured, the lien attached to the crop, and it could he sold under thefi.fa. issued upon the judgment.
    Jackson, Justice.
    
      
      See report In Lee vs. Clark, Sosser & Co. of this term. — (R.)
    
     