Turner v. Morris
Missouri Court of Appeals
Appeal from Barry Circuit Court. — Hon. F. G. Johnson, Judge* (1) If under their contract, plaintiff and Johnston were tenants in common of this wheat crop, then the possession of one was the possession of the other. Thompson y. Mawhinney, 17 Ala. 368; Putnam y. Wise, 37 Am. Dec. 309; Daniels v. Brown, 69 Am. Dec. 505; 4 Am. and Eng.
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Appeal from Barry Circuit Court. — Hon. F. G. Johnson, Judge* (1) If under their contract, plaintiff and Johnston were tenants in common of this wheat crop, then the possession of one was the possession of the other. Thompson y. Mawhinney, 17 Ala. 368; Putnam y. Wise, 37 Am. Dec. 309; Daniels v. Brown, 69 Am. Dec. 505; 4 Am. and Eng. Ency. of Law (1 Ed.), 996. (2) The deed was made in February, 1905, and this court judicially knows the growing wheat was then very small, and by the warranty deed, without reservation, all of plaintiff’s interest in the wheat passed to the defendant. M'cllvaine…
1Opinion of the CourtNixon, P. J.
(after stating the facts). — I. At the close of the evidence in the case, the appellant tendered a peremptory instruction and asked the court to require the jury to return a verdict for him on the ground that the plaintiff had failed to make out a case. This instruction was based upon the appellant’s theory that the crop of wheat growing on the land at the time of the deed of conveyance to him carried with it the title to the wheat.
This instruction was properly refused as it was based upon an entire misconception of the law as applicable to the state of facts .in this record. Whatever…
2Cases cited4 opinions
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Hayden v. BurkemperSupreme Court of Missouri · 1890
- Swafford v. SprattMissouri Court of Appeals · 1902
- Edwards v. EvelerMissouri Court of Appeals · 1900
3Cited by3 opinions
- Cantrell v. CraneMissouri Court of Appeals · 1912
- Hayward v. PoindexterMissouri Court of Appeals · 1921
- Muehling v. MageeMissouri Court of Appeals · 1913