Zachary v. Swanger

Several objections are made to the proceedings in the court below, only two of which deserve particular notice. Evidence was given on the trial to prove that the parties made a contract by which defendant in error was to cultivate, in wheat and rye, a certain quantity of plaintiff’s land—plaintiff to furnish seed, team, &o., and defendant to thresh and deliver one-half of the grain to plaintiff. Further evidence was given to show that defendant?, after taking possession of, did not cultivate the said land in wheat and rye, but permitted a volunteer crop of oats to grow upon it. The District…