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Crabtree v. Smith

Citations

  • 35 Ohio C.C. Dec. 477
  • 31 Ohio C.C. (n.s.) 593

Syllabus

<p>DEEDS — EMBLEMENTS—LANDLORD AND TENANT</p> <p>1. Share of Crops Going to Landlord is Rent.</p> <p>When real estate is leased for a consideration consisting of a part of the crops raised thereon, the owner’s share of such crops is rent for said land and such crops are also the issues of the land for the year in which they are raised and harvested.</p> <p>2. Deed Conveying All Issues and Profits Covers Owner’s Share of the Crop. '</p> <p>A deed which conveys certain lands described therein “together with all the privileges and appurtenances to the same belonging and all the rents, issues, and profits thereof” passes to the grantee all the grantor’s rights and interests in and to all crops then growing on said lands. Evidence of a parol reservation by the grantor of his interest in such crops when the deed was executed is not competent to modify or contradict the express terms of the grant aforesaid.</p>

Judges: Middleton, Sayre, Walters

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