Sargent v. Courrier

Citations

• 66 Ill. 245

Syllabus

<p>1. Replevin—title necessary to maintain the action. Where the plaintiff had leased land for a share in the crops, his portion to be delivered to him in cribs and then to be measured, and before the crops had been gathered it was levied upon as the property of the tenant, whereupon the landlord brought replevin for the same: Seld, that the plaintiff could not maintain the action, as he had no such property in the crops until they were gathered and divided as to entitle him to maintain replevin.</p> <p>2. Landlord and tenant—property in crops. In the case of a leasing for a share of the crops raised, to be divided after the same is gathered, the title to the whole of the crop raised will be that of the tenant until divided and possession given; and after the levy of an execution against the tenant, an agreement between him and the landlord that the latter shall receive his share in the field will not be allowed to defeat the levy.</p>