Consolidated Land & Irrigation Co. v. Hawley
South Dakota Supreme Court
Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Adion for conversion of wheat. From a judgment for defendant, plaintiff appeals. The facts are stated in the opinion. Under an agreement that all the produce shall be owned by the-employer until a division is made according to the terms of the contract, the property can not be taken on execution until the contract is performed and a division made. Putman v. Wise, 27 Am.
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Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Adion for conversion of wheat. From a judgment for defendant, plaintiff appeals. The facts are stated in the opinion. Under an agreement that all the produce shall be owned by the-employer until a division is made according to the terms of the contract, the property can not be taken on execution until the contract is performed and a division made. Putman v. Wise, 27 Am. Dec. 317; Wentworth v. Miller, 53 Cal. 9; Hasbrousk v. Bouton, 41 Howard’s Proc. 208; Edson v. Colburn, 67 Am. Dec. 730; Brazier v. Ansie, 51 Am. Dec.…
1Opinion of the CourtKellam, J.
The appellant, a corporation, being the owner of a farm in Brookings county, made a written contract with one Bucholtz, by which the latter was to work the same during the farming season of 1891 and 1892, putting in such crops as the party of the first part (appellant) might direct. This instrument — and we think it is unimportant whether it is called a “lease,” or simply a “contract” — provided that Bucholtz was to furnish everything, and to till the farm in a husband-like manner. It then set out a number of agreements on the part of Bucholtz, as to plowing back a portion of the land after…
2Cases cited5 opinions
- Myrick v. BillSupreme Court Of The Territory Of Dakota · 1883
- Raper v. HarrisonSupreme Court of Kansas · 1887
- Rosenau v. SyringOregon Supreme Court · 1894
- Wentworth & Osborn v. Miller & LuxCalifornia Supreme Court · 1878
- Lloyd v. PowersSupreme Court Of The Territory Of Dakota · 1885
3Cited by19 opinions
- Angell v. EggerNorth Dakota Supreme Court · 1897
- Merchants' State Bank v. Sawyer Farmers' Co-operative Ass'nNorth Dakota Supreme Court · 1921
- Howie v. BratrudSouth Dakota Supreme Court · 1901
- Hahn v. Sleepy Eye Milling Co.South Dakota Supreme Court · 1907
- Dobbs v. Atlas Elevator Co.South Dakota Supreme Court · 1910
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