People's Bank v. Pioneer Food Industries, Inc.

486 S.W.2d 24, 253 Ark. 277, 11 U.C.C. Rep. Serv. (West) 651, 1972 Ark. LEXIS 1452
CourtSupreme Court of Arkansas
DecidedOctober 16, 1972
Docket5-6012
StatusPublished
Cited by13 cases

This text of 486 S.W.2d 24 (People's Bank v. Pioneer Food Industries, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People's Bank v. Pioneer Food Industries, Inc., 486 S.W.2d 24, 253 Ark. 277, 11 U.C.C. Rep. Serv. (West) 651, 1972 Ark. LEXIS 1452 (Ark. 1972).

Opinion

Frank Holt, Justice.

The principal issue on this appeal is whether the crop description in a combined Financing Statement and Security Agreement is sufficient to put a third party on notice pursuant to our Uniform Commercial Code.

The appellant bank loaned Dewey Beavers $40,000 to finance his 1969 crops. As part of the security for this loan, Beavers gave the bank a security interest in all the crops grown by him in Chicot and Ashley Counties. The combined Financing Statement and Security Agreement given by Beavers was duly filed. Beavers harvested his soybeans and sold them to appellee Alice-Sidney Dryer and Seed Company. The debtor, also, harvested his rice and delivered it for drying and storage to Alice-Sidney. The rice was sold for Beavers by Alice-Sidney to appellee Pioneer Food Industries, Inc. None of the proceeds from the sales of the soybeans and rice crops was ever applied against Beavers’ indebtedness to the bank. At the end of the crop year, since Beavers had defaulted on his obligation, the bank filed suit against him for the unpaid balance. The bank, also, instituted a third party action against Alice-Sidney and Pioneer alleging they had converted crops grown by Beavers on which the bank claimed a lien. The chancellor found that Beavers owed the appellant bank a balance of $22,565.72, together with interest costs and attorney’s fees and accordingly awarded judgment to the appellant against Beavers, who does not appeal.

As to the appellant's claim against the appellees, the chancellor found that the description of the crops in the Security Agreement was insufficient to put a third party on notice except for 7.6 acres of rice. The bank was awarded a judgment for $1,046.52 against the appellees for the rice grown upon the 7.6 acres contained in a specifically described tract. The appellant bank appeals from that part of the chancellor’s decree which denied its claim against Alice-Sidney for the soybeans purchased by. it in 1969 from Beavers. The appellees cross-appeal from that part of the decree which awarded judgment against them in favor of the bank for $1,046.52 on the rice crop.

The appellant, on direct appeal, contends for reversal that the Chancery Court erred in holding that the crop description in the Security Agreement was insufficient to require third parties to take notice of the bank’s security interest in the crops. The description in the combined Financing Statement and Security Agreement recites:

“(i) All crops of every kind grown or to be planted, heretofore or hereafter, within one year from date of the execution hereof, on lands commonly known and referred to as the Dewey Beavers Farm in Chicot and Ashley Counties, Arkansas, or at any other place in Chicot and Ashley Counties, Arkansas. ###*
(v) Other:
Said crops to consist of 1,200 acres of soybeans, 28 acres of cotton, and 30 acres of rice. These crops to be planted on the following lands.”

Then followed immediately an accurate legal description of certain farm lands in Chicot and Ashley Counties. It appears undisputed that this legal description omitted three other parcels of lands on which Beavers planted and harvested crops. Only the lands in Chicot County are involved in this litigation.

Appellant’s position is that the filing of the combined security documents which state that the appellant, the secured party, has a lien on all crops of every kind grown on Beavers’ farm or any other place in Chicot County is sufficient to put a reasonable person on notice. Appellant cites Ark. Stat. Ann. (1961 Add.) § 85-9-110, which states: “Any description of personal property or real estate is sufficient whether or not it is specific if it reasonably identifies what is described.” Our attention is called to the Commissioner’s Comment: “The test of sufficiency of a description laid down by this section is that the description do the job assigned to it *** that it make possible the identification of the thing described. *** The same test of reasonable identification applies where a description of real estate is required in a financing statement.” Appellant urges that the Committee Comment requires a liberal construction as to the description of the crops and real estate. Also, appellant asserts that § 85-9-402, which requires a description of the land as well as the crops grown thereon, does not require a detailed description of the land for a crop lien. Appellant, therefore, contends that to hold the general description “all crops” does not suffice, when liberally construed, would reach a result contrary to the intent of the UCC writers and contrary to our decisions predating the UCC.

The position of the appellees is, however, that the description is not sufficient to put a reasonable person on notice. § 85-9-203 is cited which provides that a security interest in crops is not enforceable against third parties unless the Security Agreement contains “a description of the land concerned***.” The Comment to the Code states that “in the case of crops *** the best identification is by describing the land and sub-section (1) (B) requires such a description.” Also, cited is § 85-9-402 (1) which, with respect to crop liens, requires “the statement must also contain a description of the real estate concerned.” Clearly, the pertinent provisions of the Code require some type of a description of'the land. Piggott State Bank v. Pollard Gin Co., 243 Ark. 159, 419 S.W. 2d 120 (1967): see, also, Secured Transactions Under the Uniform Commercial Code, 18 Ark. L. R. 30, p. 54, and United States v. Big Z Warehouse, 311 F. Supp. 283 (1970). In the case at bar, the appellant inserted an accurate legal description to only three parcels of Beavers’ lands and omitted another three parcels on which Beavers’ crops were grown.

We agree with the chancellor in his finding that the Financing Statement and Security Agreement did not sufficiently describe the lands to put a third person on notice under the UCC (except as to the 7.6 acres of rice). We do not reach the argument made by the appellant that the general description, which encompasses “all crops” grown by Beavers on his farm or elsewhere in Chicot County, is alone sufficient inasmuch as appellant restricted this general description by limiting it to three crops (soybeans, cotton and rice) and specifying the exact number of acres of these different' crops to be grown and then proceeded to give a legal description of only three of the six tracts on which these named crops and an unnamed crop (milo maize) were admittedly grown. We think the recited limitations restrict and control the general description, “all crops,” which is relied upon by appellant as being a sufficient description.

On cross-appeal Alice Sidney and Pioneer first assert for reversal of the judgment against them that the appellant failed to discharge the burden of proof to show that the rice purchased by Pioneer came from lands on which the appellant held a Security Agreement and, further, that appellant bank failed to show the fair market value of the rice. We cannot agree. The undisputed evidence by Beavers is that 7.6 acres of rice was grown on a tract specifically described in the Financing Statement. Beavers, also, testified that he harvested rice on a 19 acre tract which was not described.

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Bluebook (online)
486 S.W.2d 24, 253 Ark. 277, 11 U.C.C. Rep. Serv. (West) 651, 1972 Ark. LEXIS 1452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peoples-bank-v-pioneer-food-industries-inc-ark-1972.