Tuohy v. Linder

COOPER, C.

This action was brought to recover eleven hundred and ten sacks of wheat, or the value thereof in ease a delivery could not be had. Judgment was entered for the plaintiff upon the findings, and this appeal is from the judgment and order denying defendants’ motion for a new trial.

The court found that on the twenty-sixth day of July, 1900, the plaintiff was the owner, in the possession and entitled to the possession, of the wheat unthreshed in stacks on plaintiff’s land; that while plaintiff was so the owner and in possession, and entitled to the possession, the defendant Linder…