Sparrow v. Pond
Supreme Court of Minnesota
Appeal by plaintiff, Wiseman A. Sparrow, from a judgment of the District Court of Dodge County, Buckham, J., entered January 18, 1892. Plaintiff, Wiseman A. Sparrow, recovered a judgment September 6, 1886, in the District Court in Dodge County, against defendant, Cephus H. Pond, and others for $364.04. On July 17, 1891, the plaintiff caused a writ of execution to be issued out of that court upon that judgment, and it was on the same day delivered to the Sheriff of that…
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Appeal by plaintiff, Wiseman A. Sparrow, from a judgment of the District Court of Dodge County, Buckham, J., entered January 18, 1892. Plaintiff, Wiseman A. Sparrow, recovered a judgment September 6, 1886, in the District Court in Dodge County, against defendant, Cephus H. Pond, and others for $364.04. On July 17, 1891, the plaintiff caused a writ of execution to be issued out of that court upon that judgment, and it was on the same day delivered to the Sheriff of that county for service. Pond owned only eighty acres of land. He lived on it. It was his homestead. In 1877 he planted two and a…
1Opinion of the CourtMitchell, J.
At common law those products of the earth which are annual, and are raised by yearly manurance and labor, and essentially owe their annual existence to the cultivation by man, termed “emblements,” and sometimes “fructus industriales,” were, even while still annexed to the soil, treated as chattels, with the usual incidents thereof as to seizure bn attachment during the owner’s life, and transmission after his death.
This class included grain, garden vegetables, and the like. On the other hand, the fruit of trees, perennial bushes, and grasses grow» ing from perennial roots, and called, by way…
2Cases cited4 opinions
- Craddock v. RiddlesbargerCourt of Appeals of Kentucky · 1834
- Erickson v. PatersonSupreme Court of Minnesota · 1891
- Frank v. HarringtonNew York Supreme Court · 1862
- State v. ParkerSuperior Court of Delaware · 1856
3Cited by20 opinions
- Minneapolis Iron Store Co. v. BranumNorth Dakota Supreme Court · 1917
- Clark v. StrohbeenSupreme Court of Iowa · 1921
- Power Mercantile Co. v. Moore Mercantile Co.Montana Supreme Court · 1918
- Moore v. Hope Natural Gas Co.West Virginia Supreme Court · 1915
- Simmons v. WillifordSupreme Court of Florida · 1910
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