Reed v. Swan
Supreme Court of Missouri
Appeal from Bay Circuit Court. — Hon. E. J. Broaddus,. Judge. (1) The crop did not pass at the trustee’s sale-for the reason that it did not belong to the owner of' the land, the mortgagor, but to the defendant, B. F. Swan, the tenant. There was a separate ownership of the crop from that of the land and a severance in law of the crop from the land upon which it stood.
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Appeal from Bay Circuit Court. — Hon. E. J. Broaddus,. Judge. (1) The crop did not pass at the trustee’s sale-for the reason that it did not belong to the owner of' the land, the mortgagor, but to the defendant, B. F. Swan, the tenant. There was a separate ownership of the crop from that of the land and a severance in law of the crop from the land upon which it stood. Adams v. Leip, 71 Mo. 597; Jenkins v. McCoy, 50 Mo. 349; Harris v. Turner, 46 Mo. 438; Morgner v. Biggs, 46 Mo. 66; Touine v. Bowers, 81 Mo. «491; Willis v. Moore, 59 Tes. 628; Hershey v. Metzger, 90 Pa. St. 217; Bankv. Crary, 1…
1Opinion of the CourtGantt, P. J.
Action of replevin for corn on stalk. The land upon which the corn was grown originally belonged to respondents. On June 30, 1887, they conveyed the land to J. A. Hays and Gr. I. Eeed, who, on the same day, executed a deed of trust on the land to W. H. Seeger as trustee for Missouri A. Eeed, securing unpaid purchase money. J. A. Hays and Gr. I. Eeed conveyed the land, July 24, 1888, to the Eeed Springs Town Company, subject to said deed of trust, and the defendant was a tenant under said Eeed Springs Town Company. On July 5,1893, the land was sold by W. H. Seeger, as trustee, under said deed…
2Cases cited18 opinions
- Edwards v. KearzeySupreme Court of the United States · 1878
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Lane v. KingNew York Supreme Court · 1832
- State ex rel. Blakeman v. HaysSupreme Court of Missouri · 1873
- Mundy v. MonroeMichigan Supreme Court · 1848
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3Cited by21 opinions
- Hanscom v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1914
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Graham Paper Company v. GehnerSupreme Court of Missouri · 1933
- Smith v. DirckxSupreme Court of Missouri · 1920
- Schmidt v. Supreme Court United Order of ForestersSupreme Court of Missouri · 1910
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