Mabry v. Harp
Supreme Court of Kansas
Error from Cowley District Court. On or about the 1st day of September, 1887, Joel Stewart,, deceased, leased of and from W. H. Osborn 105 acres of land, to be sown in wheat. The land is situate in the counties of Butler and Cowley, in this state. As rental, Stewart was to deliver to Osborn one-half aud one-third of wheat,, thrashed, and properly in bin.
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Error from Cowley District Court. On or about the 1st day of September, 1887, Joel Stewart,, deceased, leased of and from W. H. Osborn 105 acres of land, to be sown in wheat. The land is situate in the counties of Butler and Cowley, in this state. As rental, Stewart was to deliver to Osborn one-half aud one-third of wheat,, thrashed, and properly in bin. On or about the 28th of February, 1888, Stewart sold his interest in the growing wheat to C. H. Mabry for $185. Mabry, as a part of the consideration, agreed to harvest the grain and take care of the landlord’s share, and do the things…
1Opinion of the Court
The opinion of the court was delivered by
HortoN, C. J.:
It is insisted, in support of the judgment, that the contract under which Mabry purchased the growing wheat from Stewart, not having been assented to by the landlord, was void, and conferred no rights upon Mabry, and that the law will leave him just where it finds him; and also, that the money paid to Stewart was a voluntary payment upon a void contract, and cannot be recovered. In 1 Freeman on Executions, §113, it is said: “Crops, whether growing or standing in the field ready to be harvested, are, when produced by annual cultivation, no…
2Cases cited6 opinions
- Bemis v. BeckerSupreme Court of Kansas · 1862
- Bellows v. WellsSupreme Court of Vermont · 1864
- Polley v. JohnsonSupreme Court of Kansas · 1893
- Godfrey v. BlackSupreme Court of Kansas · 1888
- Caldwell v. CustardSupreme Court of Kansas · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Simanek v. NemetzWisconsin Supreme Court · 1903
- Bjornson v. RostadSouth Dakota Supreme Court · 1912
- McClain v. MillerSupreme Court of Kansas · 1915
- Peterson v. HonakerSupreme Court of Kansas · 1923
- Kesler v. HeberlingSupreme Court of Kansas · 1923
2 more not listed; retrieve them via the Exa API.