Atkins v. Womeldorf
Supreme Court of Iowa
Appeal from Wimieshieh District Oowt. This is an action of replevin brought against the defendant 'who is sheriff, to recover certain corn which he .seized upon, an attachment as the property of J. C. Atkins, plaintiff’s son. The corn was planted and cultivated by J. C. Atkins, upon the farm of the plaintiff, and the levy was made in September, while the corn was standing and growing in the field.
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Appeal from Wimieshieh District Oowt. This is an action of replevin brought against the defendant 'who is sheriff, to recover certain corn which he .seized upon, an attachment as the property of J. C. Atkins, plaintiff’s son. The corn was planted and cultivated by J. C. Atkins, upon the farm of the plaintiff, and the levy was made in September, while the corn was standing and growing in the field. There was a trial by jury, a verdict and judgment for the defendant, and plaintiff appeals.
1Opinion of the CourtRothrock, J.
I. The plaintiff introduced in evidence a written contract between himself and J. C. Atkins, of which the following is a copy:
“ Lease from J. T. Atkins to J. O. Atkins for his farm of Sec. 12, town 97, range 7, w., on Washington Prairie, Winneshiek county: The said J. T. Atkins agrees to deliver one-third of all crops sowed and planted on said farm, and cultivated and harvested by the said J. C. Atkins, to the said J. C. Atkins, less the amount of seed wheat and oats had of Joel Pagin for seeding, and this shall be the equivalent for the one-third of crops raised on said farm last year (1874)…
2Cases cited1 opinion
- Knapp v. IsenbergerSupreme Court of Iowa · 1877
3Cited by8 opinions
- Riddle v. DowSupreme Court of Iowa · 1896
- Perkins v. Farmers Trust & Savings BankSupreme Court of Iowa · 1988
- Rock Island Plow Co. v. Breese & BreeseSupreme Court of Iowa · 1891
- Staber v. CollinsSupreme Court of Iowa · 1904
- Neeb v. McMillanSupreme Court of Iowa · 1896
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