Fritcher v. Kelley
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for the County of Twin Falls. Hon. Wm. A. Babcock, Judge. Appeal from order dissolving temporary injunction., The severing of crops from the soil cannot effect a transfer of the title to the crops thus severed. The severance of the crops from the soil did change the character of the property, but in no way changed the title.
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APPEAL from the District Court of the Fourth Judicial District, for the County of Twin Falls. Hon. Wm. A. Babcock, Judge. Appeal from order dissolving temporary injunction., The severing of crops from the soil cannot effect a transfer of the title to the crops thus severed. The severance of the crops from the soil did change the character of the property, but in no way changed the title. (Carlisle v. Killehrew, 89 Ala. 329, 6 So. 756, 6 L. R. A. 617; Van Alen v. Rogers, 1 Johns. Cas. (N. Y.) 281, 1 Am. Dec. 113.) Growing crops, as between the successful plaintiff and the evicted defendant,…
1Opinion of the Court
•MCCARTHY, J.
This is an action to enjoin respondents from removing crops grown on a certain 80 acres. The complaint alleges that on June 28, 1918, a judgment of the district court for Twin Falls county was entered decreeing that plaintiff was the owner and entitled to the possession of the 80 acres in question, and that the respondents, John H. Kelley and Laura B. Kelley, had no interest therein. The complaint goes on to allege that at the time of said judgment certain crops were growing upon the premises *470which belonged to appellant by virtue of the decree; that the respondents threatened to…
2Cases cited7 opinions
- Page v. FowlerCalifornia Supreme Court · 1870
- Aultman & Taylor Co. v. O'DowdSupreme Court of Minnesota · 1898
- Johnston v. FishCalifornia Supreme Court · 1895
- Phillips v. KeysawSupreme Court of Oklahoma · 1899
- Faulcon v. . JohnsonSupreme Court of North Carolina · 1889
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3Cited by23 opinions
- Gardner v. HobbsIdaho Supreme Court · 1949
- McNabb v. BrewsterIdaho Supreme Court · 1954
- Eastern Idaho Loan & Trust Co. v. BlombergIdaho Supreme Court · 1941
- Estate of BrownIdaho Supreme Court · 1932
- Herring v. DavisIdaho Supreme Court · 1929
18 more not listed; retrieve them via the Exa API.