Towne v. Bowers
Supreme Court of Missouri
Appeal from Caldwell Circuit Court.—Iíon. E. J. Broaddus, Judge. The sureties having accepted defendant’s proposal, and having purchased new contracts to the land, became the owners of the wheat. Growing wheat is a part of the freehold, and passes along with the land on which it is sown. Mcllvaine v. Harris, 20 Mo. 458; Pratte v. Coffman, 27 Mo. 424; Steele v. Farber, 37 Mo. 72; Tripp v. Hasceig, 4 Am. R. 388; Baird v. Brown, 28 La.
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Appeal from Caldwell Circuit Court.—Iíon. E. J. Broaddus, Judge. The sureties having accepted defendant’s proposal, and having purchased new contracts to the land, became the owners of the wheat. Growing wheat is a part of the freehold, and passes along with the land on which it is sown. Mcllvaine v. Harris, 20 Mo. 458; Pratte v. Coffman, 27 Mo. 424; Steele v. Farber, 37 Mo. 72; Tripp v. Hasceig, 4 Am. R. 388; Baird v. Brown, 28 La. An. 842. The fact that the grant whieh Bowers made to his sureties was not in writing, would not alter the legal effect of the grant, because Bowers did not have…
1Opinion of the Court
Philips, C.
This is a proceeding by injunction. The petition avers that plaintiff' is the owner of certain real estate, on which there was then growing about ten acres of wheat, and that petitioner is in possession of the land and wheat. It is then averred that the defendant sets up claim to the wheat, and threatens to enter upon said land to cut and carry the wheat away. The insolvency of the defendant is averred, and the prayer is, that defendant be injoined from cutting, removing, or in any manner interfering with said wheat.
The answer admits plaintiff’s ownership of the land, but denies…
2Cases cited7 opinions
- City of St. Louis v. St. Louis Gaslight Co.Supreme Court of Missouri · 1879
- Stewart v. DoughtyNew York Supreme Court · 1812
- Messersmith v. MessersmithSupreme Court of Missouri · 1856
- Post v. PostNew York Supreme Court · 1852
- Froehlich v. Atlas Life InsuranceSupreme Court of Missouri · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Jones v. WilliamsSupreme Court of Missouri · 1897
- Missouri Historical Society v. Academy of ScienceSupreme Court of Missouri · 1887
- Weiss v. ClabornCourt of Appeals of Texas · 1920
- Gordon v. MansfieldMissouri Court of Appeals · 1900
- Metropolitan Land Co. v. ManningMissouri Court of Appeals · 1903
8 more not listed; retrieve them via the Exa API.