Pierce v. Keator

BooKes, J.:

This action was brought to recover the value of a quantity of wheat, which grew on a strip of land previously conveyed by the plaintiff to the New York and Oswego Midland Railroad Company. The plaintiff sowed the wheat, and when it was grown the defendant harvested and removed the crop. The conveyance by the plaintiff to the railroad company was a grant in fee, subject to the following condition (among others which need not be here noticed), to wit: “ Said parties of the first part also to have the privilege of mowing and cultivating the surplus grounds of said strip of land not…