Alwood v. Ruckman
Illinois Supreme Court
This was an action of replevin, brought by Ruckman against Alwood, in the Mason Circuit Court, and taken by change of venue to Tazewell, and tried before Harriott, Judge, and a jury, at the April term, 1858. The action was brought for taking a stack of wheat; the affidavit, bond and declaration, were in the usual form. The defendant pleaded non cepit, property in himself, and upon both which issue was joined.
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This was an action of replevin, brought by Ruckman against Alwood, in the Mason Circuit Court, and taken by change of venue to Tazewell, and tried before Harriott, Judge, and a jury, at the April term, 1858. The action was brought for taking a stack of wheat; the affidavit, bond and declaration, were in the usual form. The defendant pleaded non cepit, property in himself, and upon both which issue was joined. And also filed a third plea, to which a demurrer was interposed and sustained, which third plea was withdrawn. The defendant then filed the following additional plea: And for a further…
1Opinion of the CourtCaton, C. J.
The law is too well settled to admit of dis-\ pute, or to require authorities for its support, that where one ' lets to another a piece of land, for the simple purpose of raising a single crop upon it, of which the owner of the land is to have a part, and the one who cultivates it is to have a part, to pay him for the cultivation, that in that case, the relation of landlord and tenant need not necessarily exist, but that the parties may be tenants in common in the crop which is raised. The law is, however, equally well settled, that there may be a leasing of land from year to year, or for a…
2Cited by40 opinions
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- State ex rel. Ratliffe v. Superior CourtWashington Supreme Court · 1919
- Urban Investment & Development Co. v. Maurice L. Rothschild & Co.Appellate Court of Illinois · 1975
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