Kelly v. Rummerfield
Wisconsin Supreme Court
Appeal from a judgment of tlae circuit court for Oneida county: W. C. Silvebthobw, Circuit Judge. This is an action of replevin, commenced in the municipal court, to recover one half of a crop of potatoes raised by the defendant on the land of the plaintiff. Issue being joined and trial had, the plaintiff recovered judgment in that court, and the defendant appealed therefrom to the circuit court.
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Appeal from a judgment of tlae circuit court for Oneida county: W. C. Silvebthobw, Circuit Judge. This is an action of replevin, commenced in the municipal court, to recover one half of a crop of potatoes raised by the defendant on the land of the plaintiff. Issue being joined and trial had, the plaintiff recovered judgment in that court, and the defendant appealed therefrom to the circuit court. A jury being waived and trial had in that court, the court found as matters of fact, in effect, that in the spring of 1901, the plaintiff, being the owner of the forty acres of land described, made…
1Opinion of the Court
Cassoday, O. J.
It is sometimes difficult to determine whether a person who works the land of another on shares is a tenant in common of the crop with the owner of the land or a mere cropper. Much depends upon the wording of the contract between the parties. Lanyon v. Woodward, 55 Wis. 652, 13 N. W. 863; Carrier v. Atwood, 63 Wis. 301, 24 N. W. 82; Wood v. Noack, 84 Wis. 398, 54 N. W. 785; Row-*622lands v. Voechting, 115 Wis. 352, 91 N. W. 990; Warner v. Abbey, 112 Mass. 355. In the case at bar there is practically no dispute as to the. facts. The plaintiff furnished the land and the seed. The…
2Cases cited10 opinions
- Harrison v. . RicksSupreme Court of North Carolina · 1874
- Strain v. GardnerWisconsin Supreme Court · 1884
- Warner v. AbbeyMassachusetts Supreme Judicial Court · 1873
- Rowlands v. VoechtingWisconsin Supreme Court · 1902
- Orcutt v. MooreMassachusetts Supreme Judicial Court · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kaiser v. NummerdorWisconsin Supreme Court · 1904
- Busby v. ChildressLouisiana Court of Appeal · 1938
- Pearson v. LaffertyMissouri Court of Appeals · 1917
- Simanek v. NemetzWisconsin Supreme Court · 1903
- Jones v. DowlingLouisiana Court of Appeal · 1929
6 more not listed; retrieve them via the Exa API.