Vogt v. Cunningham
Missouri Court of Appeals
Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. This is an action in replevin for a lot of corn. Plaintiff Vogt claims it because he raised it. Defendant Cunningham claims it because he bought it at a foreclosure sale of the land on which it was grown, and the corn was then standing in the stalk in the field. The corn was grown on the “Landon” farm, in St. Clair county.
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Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. This is an action in replevin for a lot of corn. Plaintiff Vogt claims it because he raised it. Defendant Cunningham claims it because he bought it at a foreclosure sale of the land on which it was grown, and the corn was then standing in the stalk in the field. The corn was grown on the “Landon” farm, in St. Clair county. Vogt leased this farm from Landon for one year, beginning March 1, 1890. He went on the farm, and planted this crop of corn. Defendant Cunningham held a trust deed against the Landon farm for $2,200, dated…
1Opinion of the CourtGill, J.
— It will be seen from the foregoing statement of facts, that this is a controversy as to the ownership of a crop of corn grown on land that formerly belonged to Landon; that Cunningham claims as the purchaser under the foreclosure of a mortgage executed by Landon, while Vogt claims by reason of a lease to the land, executed also by Landon, but taken subsequent to the date of the mortgage. It is, and of course must be, admitted that Vogt’s rights are all, and and no more than would be Landon;s, if he had retained *139possession of the land and had this crop thereon at the foreclosure sale. So…
2Cases cited4 opinions
- Hecht v. DettmanSupreme Court of Iowa · 1881
- Heavilon v. HeavilonIndiana Supreme Court · 1868
- Beckman v. SikesSupreme Court of Kansas · 1886
- Tripp v. HasceigMichigan Supreme Court · 1870
3Cited by10 opinions
- Reed v. SwanSupreme Court of Missouri · 1896
- Fischer v. JohnsonMissouri Court of Appeals · 1892
- Walton v. FudgeMissouri Court of Appeals · 1895
- Wells v. BenteMissouri Court of Appeals · 1900
- Fowler v. CarrMissouri Court of Appeals · 1895
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