Carter v. Wingard
Appellate Court of Illinois
Appeal from the Circuit Court of Jefferson County; the Hon. E. D. Youngblood, Judge, presiding. The parties to this action were owners in equal undivided shares, and tenants in common of the lands mentioned in the evidence. By agreement between them, Wingard planted, tended and harvested the crops, retaining two-thirds thereof for his labor, seed, etc., and the other third was divided equally between them.
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Appeal from the Circuit Court of Jefferson County; the Hon. E. D. Youngblood, Judge, presiding. The parties to this action were owners in equal undivided shares, and tenants in common of the lands mentioned in the evidence. By agreement between them, Wingard planted, tended and harvested the crops, retaining two-thirds thereof for his labor, seed, etc., and the other third was divided equally between them. Each paid one-half of the taxes on the land and one-half the interest on the mortgage indebtedness which incumbered the land when they bought it. In the summer of 1890, Wingard offered to…
1Opinion of the CourtJustice Phillips
If the deed was the only point to be considered it would have to be held that it conveyed all the interest that Wingard had in the wheat crop and a parol reservation of a crop growing on the land would not be valid and binding.
Before the execution of the deed the relation of landlord and tenant existed as to one-half interest in the crop. The conveyance of the undivided one-half interest in the land did not change the relation that existed between Wingard and Carter as to one-half interest owned by Carter which he had leased to Wingard. It is clear that before the conveyance, the amount of…
2Cases cited1 opinion
- Powell v. RichIllinois Supreme Court · 1866
3Cited by1 opinion
- Butcher v. MayAppellate Court of Illinois · 1948