Leigh v. Lynch

This action arose following the sale of a parcel of land in Edwards County. The plaintiff, Benny Leigh, a tenant farmer under a year-to-year oral lease, seeded 32 acres of clover on the land prior to its sale. The defendant, Charles Lynch, the new owner of the property, destroyed the clover some five months after plaintiff’s lease expired, but approximately two months before the crop would mature. The plaintiff maintained that under the doctrine of emblements he was entitled to reenter the premises and harvest the clover. He initiated this action to recover income allegedly lost as a result…