Cantrell v. Crane
Missouri Court of Appeals
Appeal from Texas Circuit Court. — Hon. L. B. Woodside, Judge. (1) Annual crops raised by yearly labor and cultivation are to be regarded as personal property, independent of and distinct from tbe land, and capable of being sold by oral contract, and sucb contract is not within the Statute of Frauds. Hence the grantor of land can make a valid reservation of said crop by parol contract and without incorporating such reservation in his deed.
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Appeal from Texas Circuit Court. — Hon. L. B. Woodside, Judge. (1) Annual crops raised by yearly labor and cultivation are to be regarded as personal property, independent of and distinct from tbe land, and capable of being sold by oral contract, and sucb contract is not within the Statute of Frauds. Hence the grantor of land can make a valid reservation of said crop by parol contract and without incorporating such reservation in his deed. Garth v. Caldwell, 72 Mo. 627; Benjamin on Sales (3 Ed.), secs. 120, 121, 126; Holt v. Holt, 57 Mo. App. 275; Smock v. Smock, 37 Mo. App. 64; Glass v.…
1Opinion of the CourtNixon, P. J.
This action was commenced in a justice’s court. Cantrell, the plaintiff, owned a farm in Tesas county, and Crane, a neighbor, entered into negotiations with him to purchase said farm which resulted in a sale for something like the sum of $600, the grantee to assume a $500 deed of trust. A general warranty deed was made soon afterwards (about August 14, 1909). Cantrell’s crop, which he valued at $110, was standing on the land at the time. No reservation concerning the crop appears in the deed. Plaintiff’s evidence is that when he delivered the deed to Crane he asked for his money; that…
2Cases cited9 opinions
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Reed v. SwanSupreme Court of Missouri · 1896
- Vanderkarr v. ThompsonMichigan Supreme Court · 1869
- Chapman v. LongIndiana Supreme Court · 1858
- Adams v. WatkinsMichigan Supreme Court · 1895
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3Cited by4 opinions
- Kester v. AmonMontana Supreme Court · 1927
- Timothy v. HicksMissouri Court of Appeals · 1942
- Hayward v. PoindexterMissouri Court of Appeals · 1921
- Muehling v. MageeMissouri Court of Appeals · 1913