Thorp v. Fleming
Supreme Court of Kansas
Error from Reno district court; Peter J. Galle, judge. STATEMENT. R. F. Fleming cultivated wheat on lands rented under an agreement to deliver to the owner one-third of the wheat, when harvested and thrashed, for the use of the land. Late in the fall of 1904, after the wheat was sown, Fleming removed from the farm to a place twelve miles distant, • leaving the farm vacant.
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Error from Reno district court; Peter J. Galle, judge. STATEMENT. R. F. Fleming cultivated wheat on lands rented under an agreement to deliver to the owner one-third of the wheat, when harvested and thrashed, for the use of the land. Late in the fall of 1904, after the wheat was sown, Fleming removed from the farm to a place twelve miles distant, • leaving the farm vacant. In December of the same year he gave his promissory note to the Citizens State Bank for $213, secured by a mortgage on his share of the growing wheat, to be paid August 7, 1905. Fred Thorp was the cashier of that bank, and…
1Opinion of the Court
The opinion of the court was delivered by
Benson, J.:
The defendant claims that the findings are not supported by the evidence. There was abundant evidence that the wheat was ripe and falling down when defendant commenced to cut it. The defendant testified that he took possession and cut it for the bank as well as to secure his own interest. The justice before whom the case was first tried testified that Thorpe swore that he took it under his lien, and the plaintiff’s attorney testified that the defendant said he took it under the lease, but he also testified that he knew that the defendant had…
2Cases cited1 opinion
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