Leigh v. Lynch

The plaintiff, Benny Leigh, appeals from a judgment entered by the circuit court of Edwards County in favor of defendant, Charles Lynch, after trial before the court. The only issue on appeal is whether the doctrine of emblements applies to a clover crop which plaintiff had planted on real estate plaintiff had previously farmed as a year-to-year tenant of defendant’s predecessor in title. We conclude that on the facts of the instant case it does.

On July 29, 1983, plaintiff filed a one-count complaint which alleged that in January 1982 plaintiff planted a clover crop on 32 acres of land leased…