Selected Cases On the Law of Contracts, With Annotations
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This was an action of trover, for corn. The facts were that the plaintiff's testator, on the 23d day of June, 1865, executed to the defendant a deed in fee for a tract of land on which there was a growing crop of corn. Evidence of various acts and admissions was given to show that the crop had been reserved by the vendo r.
The defendant was shown to have converted it; and a demand and refusal were also shown.
The defendant's counsel asked His Honor to charge that the corn and everything else up...on the land passed by the deed, and that parol declarations by the defendant could not revoke the deed or raise any inference from which a tenancy at will could be set up.
His Honor charged the jury tha t a deed for land passed every- t hing upon the land except what was legally reserved : that a grow- ing crop_ofcorn could be sold by parol so as to pass the title, and could also be reserved by parol; that if they were satisfied that it was the intention ot the parties at the time the deed was exe- cuted, that only the land should pass, and the growing crop should belong to the testator, the plaintiff could recover ; that the conduct of the parties afterwards might be considered as evidence of such intention.
What to read after Selected Cases On the Law of Contracts, With Annotations?
You can find similar books in the "Read Also" column, or choose other free books by Mcintosh, Atwell Campbell to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
This was an action of trover, for corn. The facts were that the plaintiff's testator, on the 23d day of June, 1865, executed to the defendant a deed in fee for a tract of land on which there was a growing crop of corn. Evidence of various acts and admissions was given to show that the crop had been reserved by the vendo r.
The defendant was shown to have converted it; and a demand and refusal were also shown.
The defendant's counsel asked His Honor to charge that the corn and everything else up...on the land passed by the deed, and that parol declarations by the defendant could not revoke the deed or raise any inference from which a tenancy at will could be set up.
His Honor charged the jury tha t a deed for land passed every- t hing upon the land except what was legally reserved : that a grow- ing crop_ofcorn could be sold by parol so as to pass the title, and could also be reserved by parol; that if they were satisfied that it was the intention ot the parties at the time the deed was exe- cuted, that only the land should pass, and the growing crop should belong to the testator, the plaintiff could recover ; that the conduct of the parties afterwards might be considered as evidence of such intention.
What to read after Selected Cases On the Law of Contracts, With Annotations?
You can find similar books in the "Read Also" column, or choose other free books by Mcintosh, Atwell Campbell to read onlineMoreLess
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