Fletcher v. Stillman
Missouri Court of Appeals
934 S.W.2d 597 (1996)
Relevant factsFree
Nancy Stillman's (defendant) farm was foreclosed upon while her renter's soybean crop was mature but still unharvested; the Fletchers (plaintiffs) purchased the farm at the foreclosure sale and sued for the landlord's share of the crop proceeds. Stillman argued the mature crop had been constructively severed from the land and therefore did not pass to the Fletchers at the sale; the trial court ruled for the Fletchers, and Stillman appealed.
IssueFree
Whether, unless otherwise provided in the deed of trust, unharvested crops on mortgaged land at the time of a foreclosure sale are subject to the lien of the deed of trust and pass to the purchaser of the land at the foreclosure sale.
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