Francis Bros. v. Schallberger

This is an action of claim and delivery in which plaintiff seeks to recover possession of 900 bushels of wheat stored in buildings on the real property described in the complaint and of the value of $765. Plaintiff asserted ownership and right to the immediate possession of the wheat and sought to recover damages for the wrongful detention thereof. The answer was a general denial. The cause was tried to the court without the intervention of a jury and was submitted upon an agreed statement of facts. As so stipulated, the facts were:

One B. K. Denney is the owner of 105 acres of land in…