Harris v. Reynolds

Terry, C. J. concurring.

This bill is filed to settle and recover the value of the rents and pirofits of a certain ditch, or interest therein, bought by the plaintiff at Sheriff’s sale. The defendants are in possession. The proceeds of the sales of water, etc. sought to be recovered arise from the property since the Sheriffs sale, and before the expiration of the period limited by statute for the redemption. Treating this species of property as real estate, subject to its incidents and laws, we are brought to consider, as the main point presented by this appeal, whether these intermediate…