Bemmerly v. Smith

This is an action brought to recover damages for trespass upon real estate, coupled with a prayer for injunction to restrain the commission of threatened waste. Plaintiffs appeal from the judgment and order denying their motion for a new trial.

The main issue litigated at the trial involved the terms of a lease or cropping contract, plaintiffs insisting that by its terms they were entitled to one third of the volunteer grain raised upon a certain tract of land farmed by defendant, and defendant insisting that they were only entitled to one fourth of said grain. The trial court made findings of…