Jewell v. Gann

The opinion of the court was delivered by

Burch, j.:

The action was one to replevin^ half of four stacks of hay. The plaintiff recovered and the defendant appeals.

The hay grew on land owned by Van Hook. Van Hook entered into an arrangement with the plaintiff whereby the plaintiff was to put up the hay for half. The plaintiff put up the' hay, which made four stacks. Afterwards Van Hook made a sale to Warner, the subjects of which were thus described in a written memorandum:

“Party of the, first part hereby sells to second party, all the alfalfa and feed of every kind also all use of pasture until…