10 Tenn. 6 | Tenn. | 1820
Opinion of the court delivered by
This cause has been very ably and elaborately argued, and the decision would have been far more difficult, but for the pains taken at the bar in the production of authorities, the examination of their principles, and the metho-dised and lucid presentation of every part of the subject which required consideration. If every case were investigated with the same accuracy, embarrassment would be greatly dimininished, and the chance for the intervention of mistake, would be much circumscribed.
The action is founded on the assumption, that the conveyance made by Bennet to Holt was a mortgage, and . that the profits of the land conveyed belonged to the
'But it is said, that on the day stipulated, Bennet having paid the money, the vendee re-conveyed, and this, it is said, carried the crop then growing,as well as the land., If this be so, (which it is unnecessary now to decide,) and the defendant took the crop, trespass is the proper remedy. The present action is, however, founded upon the supposition, that the crop belonged to the defendant. He is charged only for the use of the land which produced the crop — the removal of the crop by the defendant is not complained of. The judgment must be reversed.
Judgment reversed.