Dale Nessley & Co. v. Taylor

*675The opinion of the court was delivered by

Dostbk, C. J. :

This was an action of replevin of grain. One Markham was a tenant of Elizabeth Taylor, the defendant in error in this proceeding. He had grown wheat and corn on shares on the leased premises, and the wheat had been harvested and ricked. Part of it had been thrashed and appropriated by the tenant on his share. Dale Nessley & Co., the plaintiffs in error in- this proceeding, were judgment creditors of Markham, the tenant. They levied an execution on the remainder of the wheat and on the corn grown on the premises to satisfy their debt.…