Legal Opinion

Cassilly v. Rhodes

Ohio Supreme Court

Decided December 15, 1843PublishedCited by 1 opinion

This was a Writ of Error, from the county of Stark, to reverse "the decision of the Supreme court, for misdirection of the jury at the trial. Rhodes brought a suit of trespass against Qassilly, for cutting and •carrying away his wheat; and the question made to the jury was, whose right to the crop was best.

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This was a Writ of Error, from the county of Stark, to reverse "the decision of the Supreme court, for misdirection of the jury at the trial. Rhodes brought a suit of trespass against Qassilly, for cutting and •carrying away his wheat; and the question made to the jury was, whose right to the crop was best. Pease mortgaged the premises to the State of Ohio, in 1837; in November, 1840, the sheriff sold them to Oassilly, under a decree of foreclosure and sale; and Oassilly took possession immediately, claiming the wheat in the ground, and giving notice of his claim at the administrator’s sale,…

1Opinion of the CourtLane, C. J.

If the question were between the grantor and grantee, whether growing crops, annual or other, pass by a deed of sale, it would be of easy solution. They are not, technically, “ emblements,” but “ issues,” or “ profits,” and part of the land, while in the owner’s hands : and, unless excepted, pass by the deed, because it is construed most strongly against him who makes it. 9 Cow. 39; 15 Mass. 159.

This reasoning does not apply to judicial sales when conducted under our system of appraisements. The principle, which now extends to personalty, as well as to lands, is, that the subject of sale…

2Cases cited1 opinion

  1. President, Directors, & Co. v. EmersonMassachusetts Supreme Judicial Court · 1818

3Cited by1 opinion

  1. Kilbourne v. FayOhio Supreme Court · 1876

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