Dannefer v. Aurand

Citations

• 106 Kan. 605
• 189 P. 371
• 1920 Kan. LEXIS 613

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice — Motion for Directed Verdict by Both Parties — Conflicting Evidence — Question of Fact for Jury. Where both parties to an action file motions asking for á directed verdict, one of which is sustained, and the other party thereupon asks that the case be submitted to the jury, and there is conflicting evidence on material issues of fact, such issues should be submitted to the jury for their determination.</p> <p>2. Conversion- — Tenant’s Share of - Growing Crop — Personal Property— Sale by Tenant. The share of a tenant who plants a crop of wheat upon the land of another under an agreement to give a specified share of the crop to the owner as rent, is personal property, and the tenant may make a valid sale of his share of -the crop while it is growing and immature.</p> <p>3. Same — Rights of Tenant to Sell His Share of Growing Crop. The sale and conveyance of the land by the owner after the wheat crop is planted and growing, where both grantor and grantee had knowledge of the interest of the tenant, and had recognized his rights in the premises, did not deprive the tenant of his share of the crop nor affect the validity of a sale of the share which he made to another.</p> <p>4. Same. It is not necessary to a valid sale of á growing, crop that it should have been reserved in the instrument of conveyance, as an effectual reservation of a growing crop may be made by parol.</p>