Bank of Denton v. Jesch

Citations

• 99 Kan. 797
• 163 P. 150
• 1917 Kan. LEXIS 469

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Lease — Title to Growing Crops at Expiration of Lease. The common-law rule that a tenant is not entitled to a crop sown but not maturing before the expiration of his lease has not in this state been modified by any custom of which judicial notice will be' taken.</p> <p>2. SAME.. Where a lease is drawn for two years or more a provision that the rent paid is to consist of stated shares of the crops raised, among which wheat is named, can not be regarded as implying a right on the part of the tenant to harvest a crop sown in the fall preceding the 1st of March on which his lease expires.</p> <p>3. Lease — Growing Crops at Expiration of Lease — Agreement Between Owner of Land and Tenant. A decision that the owner of land is precluded from disputing the right of a tenant to a share of a crop sown but not mature at the time of the expiration of the lease, is supported by evidence that prior to harvesting the crop the landlord recognized such right and exacted a promise from one claiming under the tenant that he would pay the expenses of the harvest.</p>