Moffett v. Armstrong
Supreme Court of Iowa
Appeal fro:m Jasper District Court. ActioN to recover the value of certain corn alleged by plaintiff in his petition to be his property, and wrongfully Converted by the defendant. There was a verdict and judgment for plaintiff; defendant appeals. The facts of the case necessary to an understanding of the points ruled appear in the opinion.
1Opinion of the CourtBeck, J.
One Pierce, the owner of a farm, sold it to Armstrong/the defendant, on the 2d day of November, 1872. It had been leased to Hickman for that year, the rent to be paid in a part of the crops. Plaintiff bought of Pierce, subsequently to the sale of the land, the portion of the crop which, *485under the lease, was to be delivered to the landlord. Defendant, entering upon the land at the date of his purchase, claimed the landlord’s part of the corn thereunder.
I. Upon the trial the court gave the following, among other instructions, to the jury:
“ If you find, from the evidence, that one Pierce was the…
2Cited by2 opinions
- Eiseley v. SpoonerNebraska Supreme Court · 1888
- Winn v. MureheadSupreme Court of Iowa · 1879