30 S.D. 40 | S.D. | 1912
There was a directed verdict and judgment for plaintiff, and -defendant appeals. On the 18th day -of June, 1907, defendant executed1 and delivered to- plaintiff a warranty deed'o-f a certain quarter s-eotio-n of land in Gregory county, absolute in form, and' containing no ex-ecptions or reservations what-
In Backenstoss v. Stahler, supra, the court said: “If i:s a rule of common law that growing crops are personal property, but pass by conveyance as appurtenant to the land, unless severed by reservation or exception; and this -rule has not been altered- by the statute of frauds. A party may show by parol that the growing crops were reserved on the sale of the land, although there may be no exception in the deed.”
In Bloom v. Welsh, supra, the court said: “At common law growing crops raised annually by labor and cultivation are personal property. They may be sold and conveyed, as chattels, by parol. A contract for their sale is not a contract for the sale of an interest in land under the statute of frauds; and the purchaser of growing grain acquires the privilege of leaving the grain upon •the soil until maturity, and also the privilege of enterng to gather •and take .away the crops.”
In Baker v. Jordan, supra, the court said: “That growing grain will pass by common deed of the land's whereon it grows when no valid conversion of it into personalty is shown to have •preceded the conveyance, cannot be doubted. But whether such a
In Holt v. Holt, the court said: “The defendant further contends that the deed offered in evidence is conclusively presumed to include the whole contract between the parties thereto. While this
And in- Heavilon- v. Heavilon,- supra, the -court said-:. “It is' well settled that -a vendor, in a suit for -the purchase money, m-ay prove by parol evidence, the amount thereof, the- terms of payment, and its nonpayment, notwithstanding the receipt o-f the purchase money may be acknowledged -in the -deed. Now, suppose -that the defendant, -as -a part of the consideration to- the plaintiff foe the land described in- the deed, had agreed that .the plaintiff should have a crop of wheat growing on another tract "of land owned b.y defendant, and had subsequently refused permission- to -cut---and carry .it away, -would any one -contend that plaintiff could- not- recover of the -defendant-the value of the wheat? -Or, -if, as-in- this case, the plaintiff -had harvested the wheat- without objection, that the defendant .could recover back, its value?-- Does, not -the same principle apply in this :-case? -Can- any logical-.reason be-shown why it should not?- Admit-that the deed upon-Its delivery conveyed the' growing c-rop,' Still- -it was ■-•n-ot -a--fixture which-.constituted: permanently a part-of 'the- land;-it--was the -subject of sale by parol',' árí-d what rule of law: i-s'there':t'6 prohibit the defendant
In -the- case of Cooper v. Kennedy, -supra, the court said: ‘‘The Pennsylvania rule is that growing crops — fructus indus-tral-es — are personal property, but pass by conveyance with and as appurtenant to the realty, unless severed therefrom by reservation or exception ; that the vendor may show such reservation by parol evidence, but that a reservation of t-h-e natural products of the earth — fructus naturales — must be in writing. From a consideration of these cases and of the previous decisions of this court, we are satisfied to- -declare that, though growing crops are personal property, they pass by -a deed as appurtenant to- the realty, but -they may. be severed therefrom by reservation, evidenced either by parol agreement or instru-ment in writing; and -that the vendor may show by par-ol evidence that the -crops were reserved from the sale of the land.”
The judgment -appealed' from i-s reversed, and the cause remanded.