Consolidated Land & Irrigation Co. v. Hawley

Citations

• 7 S.D. 229
• 63 N.W. 904
• 1895 S.D. LEXIS 59

Syllabus

<p>1. In an action for the conversion of personal property, where the position and claim of the taker, as shown by the answer, made if evident that a demand would have been merely prefunctory and fruitless, no demand is required.</p> <p>2. If, upon any material question of fact, the evidence is such that the jury might reasonably have found for the plaintiff, it is error for the court to direct a verdict for the defendant.</p> <p>3. While ordinarily, under a lease or contract providing for a division of the crops between landlord and tenant., they are tenants in common of such crops, it is competent for the parties in such lease or contract to agree otherwise, and to secure to the owner of the land the ownership and title to the product until division, or the performance of conditions named.</p> <p>(Syllabus by the Court.</p>