Dutton v. Dutton

The opinion of the court was delivered by

Hopkins, J.:

The action was one of forcible detainer. Plaintiff prevailed and defendant appeals.

The facts are substantially these:

Henry L. Dutton, husband of the plaintiff, owned the land in controversy, consisting of about 130 acres. The defendant, his son, was in possession under a verbal agreement by which he was to pay his father one-half of all crops raised on the premises, including one-half of the grain in bin or cribs and one-half the hay in stack. The father was to furnish half the seed wheat, pay one-half the expenses of baling the hay and…