Legal Opinion · Concurrence

Riddle v. Dow

Supreme Court of Iowa

Decided April 13, 1896Published

Appeal from Crawford District Court. — Hon. Charles D. Goldsmith, Judge. Proceedings by garnishment to appropriate shares of crops grown on leased premises, which were to be paid as rent, in satisfaction of judgments against the landlord. A creditor of the landlord intervened, claiming tbe shares specified under a mortgage executed by his debtor. The two causes were tried together by the court.

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Appeal from Crawford District Court. — Hon. Charles D. Goldsmith, Judge. Proceedings by garnishment to appropriate shares of crops grown on leased premises, which were to be paid as rent, in satisfaction of judgments against the landlord. A creditor of the landlord intervened, claiming tbe shares specified under a mortgage executed by his debtor. The two causes were tried together by the court. A judgment was rendered in each in favor of the intervener, and the plaintiff appeals.

1ConcurrenceDeemer, J.

(concurring specially). 3 I agree with the minority opinion on the question as to the interest of the landlord in a share of the crops grown on the leased premises. I do not think he has such a vested or potential interest in the share to be set apart to him as rent, that he may make a mortgage which will presently carry the undivided one-third of the property growing upon the land. But I 'do think that he has a lien upon the crops which may finally ripen into a title to an aliquot part thereof, and that, when the third is delivered to,-or set apart for the landlord in accordance with the…

2Cases cited8 opinions

  1. Scharfenburg v. BishopSupreme Court of Iowa · 1872
  2. Brown v. AllenSupreme Court of Iowa · 1872
  3. Fejavary v. BroeschSupreme Court of Iowa · 1879
  4. Phillips & Son v. BothSupreme Court of Iowa · 1882
  5. Stephens v. PenceSupreme Court of Iowa · 1881

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