53 Iowa 150 | Iowa | 1880
I. The plaintiff introduced in evidence a written contract between himself and J. C. Atkins, of which the following is a copy:
“ Lease from J. T. Atkins to J. O. Atkins for his farm of Sec. 12, town 97, range 7, w., on Washington Prairie, Winneshiek county: The said J. T. Atkins agrees to deliver one-third of all crops sowed and planted on said farm, and cultivated and harvested by the said J. C. Atkins, to the said J. C. Atkins, less the amount of seed wheat and oats had of Joel Pagin for seeding, and this shall be the equivalent for the one-third of crops raised on said farm last year (1874) and taken and used by J. O. Atkins for his own use, and none had by J. T. Atkins. All hay cut by J. C. Atkins and put up, the said J. T. Atkins will also deliver one-third also to J. C. Atkins for his work. And what grass the said J. C. Atkins cannot cut, he is to let the said J. T. Atkins know in time to hire men to cut and put up the said hay, and the said J. C. Atkins is to board the men at a reasonable price for the said J. T. Atkins, and the said J. C. Atkins is to take proper care of the stock on the farm belonging to the said J. T. Atkins, and salt the same, salt being furnished by J. T. Atkins.
“ This lease is for the year 1875. Signed by both parties.
J. T. Atkins.
J. C. Atkins.
•« This lease to be continued from year to year, by agreement after the above' signing, and to terminate when the said J. C.*152 Atkins does not fulfill And the said J. T. Atkins shall, when he thinks proper, take possession and have all the 'increase of said stock — for his outlay in anything on the farm.”
The crop of corn in controversy was raised in the year 1817, and the attachment was levied- on the twenty-seventh day of September of that year. At the time of the levy the • plaintiff was present and gave notice to the sheriff to the effect that the corn was his property. •
The plaintiff requested the court to instruct the jury that the written contract was'not a léase of the land, and that the right of possession and title to the crops raised on the farm were in the plaintiff, until he should set apart to J. O. Atkins the one-third of the crops. The court refused to so instruct the jury, and on its own motion gave the following among other instructions:
“ 4th. The legal effect of the written lease read to you is to transfer to the said J. O. Atkins the right of possession to at least so much of the farm as was cultivated and harvested by him, in crops, and if you find, from the evidence, that said J. C. Atkins actually lived on the farm, and cultivated and raised the corn in question, then • the corn belonged to him, and unless, before levy by the sheriff, there had been an actual division of the corn between plaintiff and J. C. Atkins, and the share of each set apart, then your verdict must be for defendant.”
For tbe errors above pointed out tbe cause will be reversed and remanded for a new trial.
Reversed.