Mowrey v. Davis

Gavin, J. —

Suit by appellant for trespass by entering upon his land and cutting and carrying away the clover and timothy hay growing thereon.

Answers filed set up a purchase of the growing hay from the owner of the land by whom the purchaser was put in possession thereof and so continued until it was cut and carried off. The appellant is a remote grantee of the owner who sold the hay, and claims that the sale, being by parol, was not enforceable by reason of the statute of frauds, and, operating merely as a license, was revoked by the conveyance.

Passing all other questions, we may, without…