Damery v. Ferguson
Appellate Court of Illinois
Memorandum.—Replevin for crops reserved from a conveyance of the land by a verbal agreement. Appeal from a judgment for defendant rendered by the Circuit Court of Christian County; the Hon. Jesse J. Phillips, Circuit Judge, presiding.
1Opinion of the Court
Opinion of the Court, the
Hon. Carroll C. Boggs, Judge.
On the 19th of September, 1890, Damery conveyed to Ferguson a certain forty-acre tract of land in Christian County upon which there was standing ungathered the crop of corn produced that season. The deed was in the usual form, with full covenants of warranty and without reservation of the crop. Fergiison entered into possession under the deed.
Damery claimed that by verbal agreement entered into before the execution of the deed, the corn was reserved to hi in and did not pass with the land, and began an action of replevin to recover the…
2Cases cited5 opinions
- Heavilon v. HeavilonIndiana Supreme Court · 1868
- Smith v. PriceIllinois Supreme Court · 1865
- Tripp v. HasceigMichigan Supreme Court · 1870
- Powell v. RichIllinois Supreme Court · 1866
- Talbot v. HillIllinois Supreme Court · 1873
3Cited by5 opinions
- Andersen v. BorgaardNebraska Supreme Court · 1908
- Pool v. RutherfordAppellate Court of Illinois · 1949
- Watkins v. WarnerAppellate Court of Illinois · 1941
- Butcher v. MayAppellate Court of Illinois · 1948
- Firebaugh v. DivanAppellate Court of Illinois · 1903