Gossett v. Drydale
Missouri Court of Appeals
Appeal from, the Andrew Circuit Court. — Hon. Cybus A. Anthony, Judge. (1) Plaintiff rightfully and lawfully plowed the .ground and sowed his own wheat.. It grew there with the knowledge of Drydale and Schuster to maturity, without notice or dissent from either, and by contract and assent from Schuster, as aforesaid.
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Appeal from, the Andrew Circuit Court. — Hon. Cybus A. Anthony, Judge. (1) Plaintiff rightfully and lawfully plowed the .ground and sowed his own wheat.. It grew there with the knowledge of Drydale and Schuster to maturity, without notice or dissent from either, and by contract and assent from Schuster, as aforesaid. Plaintiff, • in .good faith, at the maturity of his crop goes to reap the reward of his labors, is met by defendant with locked gates and forbidden to enter the premises for the purpose of harvesting his crop; tells him such is the orders, without even telling him by whom. This…
1Opinion of the CourtEllison, J.
This action is replevin for wheat in a granary. The court sustained a demurrer to plaintiff’s testimony, and he comes here for relief.' The facts were these: One Schuster owned the farm upon which the wheat was grown ; he rented it to- one Smith during the year 1889. In the fall of 1889, Smith sublet, without Schuster’s consent, nineteen acres to plaintiff, which he sowed in wheat. Schuster rented the farm to defendant for the year 1890, defendant having no notice of the plaintiff’s connection with the wheat, that is, no notice *433was shown. After plaintiff sowed the wheat he met with Schuster…
2Cases cited5 opinions
- Pulliam v. BurlingameSupreme Court of Missouri · 1883
- Jenkins v. McCoySupreme Court of Missouri · 1872
- Kamerick v. CastlemanMissouri Court of Appeals · 1886
- Adams v. LeipSupreme Court of Missouri · 1880
- Lisenby v. PhelpsSupreme Court of Missouri · 1880
3Cited by1 opinion
- Wingate v. BuntonMissouri Court of Appeals · 1916