Wilson v. Fortune

I. The timothy seed in question was sold by plaintiff’s tenant to defendant. The petition alleges that the sale was “without knowledge or consent” of the plaintiff. The answer alleges affirmatively that the seed was sold by the tenant with the knowledge and consent of the plaintiff, for the purpose of paying a note of the tenant’s, and that thereby plaintiff waived his landlord’s lien, and is estopped from relying upon it. The court instructed the jury that plaintiff was required to establish by the evidence, among other things, that the tenant sold the seed to defendant “without the…