State Bank of Cherry v. CGB Enterprises, Inc.

This case presents question as to whether section 1631 of Food Security Act required that plaintiff strictly comply with said Act's notice of lien provisions in order to enforce lien on crops that third-party sold to defendant. Appellate Court, in reversing trial court's entry of summary judgment in favor of plaintiff, found that because instant notices failed to indicate county in which crops were produced or located prior to defendant taking possession of said crops, plaintiff had failed to strictly comply with requirements set forth in section 1631 of said Act, such that defendant took said crops free of security interest created by plaintiff even though defendant was eventually aware of lien's existence. (Dissent filed.)