Melin v. Reynolds
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Stevens county, to recover the value of certain wheat and oats taken and carried away by defendants from the farm of one Dahlso, and by them converted to their own use.
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Plaintiff brought this action in the district court for Stevens county, to recover the value of certain wheat and oats taken and carried away by defendants from the farm of one Dahlso, and by them converted to their own use. The complaint alleges that the grain had been raised on Dahlso’s farm; that by a chattel mortgage duly filed, which is' set out in full in the complaint, Dahlso had mortgaged to plaintiff “one-half of all the crop now growing on the south half of the northeast quarter and lot 1 of section 18, town 127 north, of range 43 west, all the said property being now in the…
1Opinion of the Court
Berry, J.1
' “One-half of all the crop growing” on certain described lands means one undivided half of such crop, and, as a description (in a chattel mortgage) of the property mortgaged, is sufficiently definite. The plaintiff, as mortgagee, after condition broken, of an un*53divided half of the crop, was a tenant in common of the whole with the owner of the other half, and therefore entitled to the possession of the whole, or of any part of it, as against mere strangers like defendants, not appearing to have any right or interest in or to any part of such crop. To them it is of no consequence…
2Cases cited1 opinion
- Miller v. DarlingSupreme Court of Minnesota · 1875
3Cited by3 opinions
- Riddle v. DowSupreme Court of Iowa · 1896
- Hagen v. DwyerNorth Dakota Supreme Court · 1917
- First National Bank of Herman v. Cargill Elevator Co.Supreme Court of Minnesota · 1923