Schnabel v. Thomas
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Hon. George F. Longan, Judge. (1) As a general proposition, annual crops raised by yearly labor and cultivation, fructus industriales as distinguished from fructus naturales, are regarded as personal chattels and it seems are the subject of replevin whether matured or not.
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Appeal from Pettis Circuit Court. — Hon. George F. Longan, Judge. (1) As a general proposition, annual crops raised by yearly labor and cultivation, fructus industriales as distinguished from fructus naturales, are regarded as personal chattels and it seems are the subject of replevin whether matured or not. Q-arth v. Caldwell, 72 Mo. 622. But where the crops are matured and have ceased to derive any nourishment from the soil, there is no question but what replevin will lie for ungathered corn standing in the field. Salmon v. Fewell, 17 Mo. App. 118; Huff v. Henry, 57 Mo. App. 341. (2) And…
1Opinion of the CourtBroaddus, J.
This is an action of replevin for corn ungathered and standing on the stalk in the field where it was grown. The writ was executed in the latter part of December, 1901, to the constable who gathered the corn and delivered it to the plaintiff. The corn was raised on what was known as the John Thomas farm, which farm was conveyed to plaintiff and others who had an interest in it, on the 6th day of April, in said year, and bjr subsequent deeds correcting the first named. The defendant Thomas, .who was in possession, thereupon rented said farm for one year upon the agreement that plaintiff was to…
2Cases cited13 opinions
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Dixon v. NiccollsIllinois Supreme Court · 1866
- Kaufmann v. SchillingSupreme Court of Missouri · 1874
- Diffendal v. Kash and Karry Service Corp.Court of Special Appeals of Maryland · 1988
- Salmon v. FewellMissouri Court of Appeals · 1885
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3Cited by2 opinions
- Mattison v. HooberryMissouri Court of Appeals · 1904
- Gilliam ex rel. A. E. Anderson & Co. v. Globe Tailoring Co.Missouri Court of Appeals · 1911