Sutherland v. Carter

This action is replevin for a quantity of wheat and oats raised by Carter, as Mrs. Sutherland’s tenant, on her farm, she having on the 1st day of January, 1880, leased the same to Carter for three years,, he agreeing to pay her one-half the hay, grain, roots and fruits, and in good season and good order, as her share for the rent, and deliver the same to her on the farm. They were to share equally in all pasturage and the profits therefrom.

*473The parties seem to have got along, without difficulty until October, 1882, when Carter threshed the grain. At this time when the threshing was completed…