Tipton v. Martzell

The opinion of the court was delivered hy

Reavis, J.

Upon a judgment in favor of appellant Martzell against respondents, appellant Sims, as sheriff, attempted to levy upon an immature growing crop of about *274240 acres of wheat, on the 10th of May, 1898. The wheat ■could not he ripe for harvest until September following. Respondents planted the crop of wheat under a contract with the owner of the land, by which they were to properly care for and harvest the crop and deliver to the owner one-third of all the grain harvested upon the premises. Respondents commenced this action to restrain…