4 Ind. 146 | Ind. | 1853
Trover by Bricker against Hughes for the conversion of a quantity of corn. Plea, the general issue. Trial by the Court without a jury, and judgment for the defendant.
The evidence is upon the record.
Thfe original owner of the corn in question was one Guffy, who sold, or attempted to sell, it, at different times, both to the plaintiff and defendant.
In November, 1847, while the corn was still standing in the field, he sold it to the defendant, Hughes. “ The corn,” says the witness, “ was to be delivered in the month of
Another witness states that Bricker called at the store of Hughes a short time after the latter “ had bought Guffy's corn, and said he heard that Hughes had bought the corn of Guffy; that he, Bricker, had an account against Guffy, and wanted Hughes to save it for him; it was a doctor-bill, the amount not recollected. Hughes said Guffy owed him already nearly the amount of the value of the corn, but if he got the full quantity, eight hundred bushels, there would be something going to Guffy, and he would, try and save Bripker's account out of it.” Afterwards,, Hughes went down the river on business.
While he was absent, on the 30th of January, 1848, Sunday, says a witness, {Chambers'), “I met Brickerand Guffy in the Wabash bottom, on the bank of the river. They called on me to witness a contract for the sale of corn and some other property which, they said, had taken place the day before. They both said that Guffy had sold Bricker a quantity of corn then on the Bales farm, upon which it was cultivated by Guffy. The corn sold was all the corn Guffy had raised on the farm, except one hundred bushels sold to Henry Martin, and three hundred and twenty-six bushels, the rent-corn to the landlord. I had been employed previously by Guffy to gather this corn and put it in a crib on the farm. About five hundred bushels had been gathered at the time of the alleged sale. At that time it was stated by Guffy that I should go on and gather the corn, and deliver it in said crib for Bricker, which I did.” Bricker paid for the corn in a bill for medical services, &c., a.nd Guffy paid for gathcr
The counsel for the plaintilf contend, and it is the only position they rely upon to reverse the judgment below, that the Court erred in finding against Bricker on the evidence, because no property passed to Hughes on the sale of the corn by Guffy to him, as the quantity sold was not separated from that grown on the same farm with it, belonging to other persons. But this is begging the question. That the corn sold was mixed with that belonging to other persons is assumed, not proved. The evidence is, that Hughes bought Guffy's corn, more or less. This corn Guffy raised on a farm belonging to another person; but the character of the contract under which it was raised is not proved. And suppose the use of the farm was to be paid for by giving a part of the crop, still Guffy might have taken his portion in a separate part of the field or fields, and thus had it by itself. In other words, the corn might have been divided by making a division of the field or fields in which it was grown, before it was gathered. And if such a division had been made, the sale of his corn by Guffy to Hughes in this case passed the title; and as Bricker bought afterwards with full knowledge of said sale, he has no pretence on which to claim the corn.
Growing crops raised annually by labor, are the subject of sale as personal property, even before their maturity, and their sale does not necessarily involve an interest in the realty requiring a written agreement. Northern v. The State, 1 Ind. R. 113.
But if the corn had not been divided before it was gathered, then there is no evidence that it had been be
In this case, it is manifest the equity is all on the side of the defendant. The Court below, sitting as a jury, has found in his favor, and the judgment is certainly not so clearly wrong as to authorize this Court to disturb it.
The judgment is affirmed with costs.