Pitman v. Baumstark

*70The opinion of the court was delivered by

Johnston, J.:

This was a replevin for the possession of an undivided share of a crop of wheat. D. B. Reeve rented ninety acres of land from another party, which he put into wheat, and the landlord’s share was one-third of the crop. Reeve harvested and stacked the wheat on the land upon which it was grown, but previously he had mortgaged it to John Baumstark. After it had been put in stacks, a creditor of Reeve caused an attachment to be levied on his share, when Baumstark, claiming a special ownership under his mortgage, brought this action to recover…