Legal Opinion

Firebaugh v. Divan

Appellate Court of Illinois

Decided October 12, 1903Published

Assumpsit, for alleged conversion of crops. Appeal from the Circuit Court of Champaign County; the Hon. Solon Philbrick, Judge, presiding. Heard in this court at the May term, 1903.

1Opinion of the CourtJustice Puterbaugh

This is an action of assumpsit begun by appellant against appellee. The declaration alleges that plaintiff sold and delivered to defendant a certain tract of real estate, conveying the same to him by a warranty deed containing the usual covenants; that at the time of said sale plaintiff had standing upon said land the corn that was grown thereon that year, which, although said corn was still undetached from the soil, was nevertheless fully matured and ready for gathering and cribbing at the time of said sale; that said corn was not reserved in said deed, and no mention of same was made in…

2Cases cited2 opinions

  1. Tripp v. HasceigMichigan Supreme Court · 1870
  2. Damery v. FergusonAppellate Court of Illinois · 1892

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