J. S. Noyes & Co. v. Jenkins

Jackson, Judge.

J. S. Noyes & Company brought trover against the defendant for five bales of cotton, -to be the first five bales picked, ginned and packed from the crop of 1874. The contract by which they claimed title to this cotton was in writing, and dated 9th of February, 1874. It is clear, therefore, that though the contract calls the crop a growing crop, that on the 9 th of February no crop of cotton was growing, or even planted, at that time in the county of Polk, where the plantation was. The court held in substance that there could be no recovery; that no title passed to this inchoate…