Kemmerle v. Wilson

The opinion of the court was delivered by

Johnston, C. J.:

This action ifivolved the right to the possession of a quantity of wheat. Judgment'was given against plaintiff and she appeals.

There is no real dispute as to the ownership of the wheat. Plaintiff owned it when it was seized by the sheriff as the property of another, but it is claimed that she is estopped to claim possession *248of it by reason of having made a bid for it when it was offered for sale. Plaintiff owned the land on which the wheat was grown and the sheriff levied on it when part of it was not harvested and some of it was lying…