Frishkorn v. Ogden
Alabama Court of Appeals
Appeal from Circuit Court, Baldwin County; A. E. Gamble, Judge. Assumpsit by Adam Frishkorn against W. L. Ogden. From a judgment for defendant, plaintiff appeals. The action seems to be for the balance due on rent, and for an indebtedness for advances made defendant with which to make a crop.
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Appeal from Circuit Court, Baldwin County; A. E. Gamble, Judge. Assumpsit by Adam Frishkorn against W. L. Ogden. From a judgment for defendant, plaintiff appeals. The action seems to be for the balance due on rent, and for an indebtedness for advances made defendant with which to make a crop. The pleas were the general issue and set-off for the balance due for certain oranges, hay, corn, and sweet potatoes, the property of defendant, which was converted by plaintiff to his own use. Plaintiff introduced written lease executed between him and defendant, Ogden, dated July 18, 1914, to expire…
1Opinion of the CourtBrown, P. J.
[1] It is well settled that a lease, like any other conveyance of a present estate in land, transfers to the lessee the right to the unmatured vegetable products growing upon the land at the time, unless they are expressly excepted from its operation. 2 Tiffany, Landlord & Tenant, § 249; Edwards v. Perkins, 7 Or. 149; Willey v. Conner, 44 Vt. 68; Emery v. Fugina, 68 Wis. 505, 32 N. W. 236. Under the rule the crops passed to the lessee, Ogden.
[2] The only objection to the question made the basis of the third assignment of error was met by the defendant, with permission of the court, filing the…
2Cases cited3 opinions
- Edwards v. PerkinsOregon Supreme Court · 1879
- Emery v. FuginaWisconsin Supreme Court · 1887
- Willey v. ConnerSupreme Court of Vermont · 1871
3Cited by2 opinions
- Lamar v. JohnsonAlabama Court of Appeals · 1919
- City Council of Greenville v. WhiteMississippi Supreme Court · 1943