Stephens v. . Midyette

Clare:, C. J.

Tbe defendants leased to W. J. Moore tbe land in question for tbe five years, 1909-1913, inclusive. Said Moore cultivated tbe land for two years. On 12 November, 1910, Moore assigned tbe lease to tbe plaintiff in writing as follows: “I herewith transfer to A. H. Step'bens my lease on tbe Mid-yette farm for tbe remaining term of three years. Said lease to be delivered upon demand.”

Objection was made that the assignment was not under seal. The plaintiff Stephens was also allowed to testify over objection that it was agreed at the time that the transfer should take effect on 1…