Fleming v. Cooper

The principal question presented by this appeal is: Under what circumstances may it be presumed that the pleadings in a chancery proceeding were treated as amended to conform to the evidence? 'To properly present the question it is necessary to set out the material portions of the pleadings and the decree.

The Complaint. Appellee, Ellis Cooper, who was the plaintiff below, alleged: That he had for eight or ten years been a tenant on a farm belonging to appellant, Joe W. Fleming, and his tenancy was from year to year; that as such tenant he was to pay to appellant one-half of the net proceeds…