It is not denied that the agricultural lien of the plaintiff was executed according to the statute, and is valid, and that he is entitled to recover in this action, unless the *690agreement in writing between Earnliill and the defendant is valid, either as an agricultural lien or a mortgage. So the only question is, whether that agreement is valid for either purpose.
I. Is it an agricultural lien ? That depends upon the construction to be given to the act authorizing such liens to be given, Bat. Rev., chap. 65, sec. 19. That section is as follows: “ If any person or persons shall make any advance or -or advances, either in money or supplies, to any person or persons who are engaged in, or about to engage in the cultivation of the soil, the person or persons so making such advance -or advances, shall be entitled to a lien on the crops which may be made during the year upon the land, in the cultivation of which the advances so made have been expended, in preference to all other liens, existing or otherwise: Provided, an •agreement in writing shall be entered into before any such advance is made, to this effect,” &c., which agreement is to be recorded. From this it is clear, 1. That the advances must be in money or supplies; 2. To the pe.son engaged or about to engage in the cultivation of the soil; 3. After the agreement is made; 4. To be expended in the cultivation of the crop made during that year; 5. And the lien must be on the crop of that year, made by reason of the advances so made.
Now it is found by the jury as a fact, that the defendant made no advances whatever, after the execution of this agreement, or before, towards the cultivation of the crop on which his lien was taken. The lien can only be by force of the statute and by a compliance with its requirements. The statute has not been followed, and to sustain this agreement as an agricultural lien, would be to utterly defeat its letter, and the public policy embraced in the statute. The agreement, as an agricultural lien, contains a falsehood and a fraud upon its face. Not a dollar was advanced or intended to be, though it was promised in the agreement. The real purpose was to se*691cure an antecedent debt due to the defendant by Barnhill, which was created the year previous.
II. Bailing to establish the deed as an agricultural lien, the defendant next seeks to set it up as a mortgage to secure an old debt.
Without stopping to enquire whether the only operative words in the defendant’s deed, to wit, “ the said O. C. Barrar shall have a lien on all the crops,” &c., ean be construed into a conveyance of the crops to the defendant, we pass to that view of this part of the case which is decisive. It is this : An agreement in writing, or a deed which purports on its face to be an agricultural lien only for future advances cannot be supported as a mortgage for a different purpose, and founded on a consideration not expressed, but concealed or disguised in the deed. A deed must speak the truth. ■ Creditors and subsequent purchasers have the right to know what encumbrances are upon property and the extent of them. They are entitled to this information from the deed itself, and for that purpose are our registration laws enacted. The defendant attempts to sail under false colors. That the law does not countenance. The deed may be good between the parties to it, but the plaintiff is a purchaser for value, and as to him the deed is inoperative. It professes to be an agricultural lien in form and substance, and it must have that effect or none. As it does not have that effect, it is void as to the plaintiff.
There is no error.
Per Cubiah. Judgment affirmed.