52 Kan. 709 | Kan. | 1894
The opinion of the court was delivered by
S. D. Beegle brought an action against the First National Bank of Clay Centre, Kas., alleging that it had wrongfully converted 5,000 bushels of corn belonging to the plaintiff, of the value of $1,250, for which sum judgment was demanded. The corn was grown upon mortgaged land in the year 1889. The crop was planted and cultivated by F. M. Tuthill, who was the owner of the land prior to September 30, 1889, and upon which he had given a mortgage that was foreclosed by the bank. The judgment of foreclosure was rendered January 26,1889, under which a sale was made to the bank on September 30, 1889. No reservation of the crop was made at the sale, which was confirmed November 26, 1889. Plaintiff, Beegle, claimed, and offered testimony to prove, that he purchased the corn from Tuthill after it had fully matured, and that the harvesting of the same began before the sheriff’s sale and continued uninterruptedly until about the 1st of November, and that the purchase was made in good faith and for a valuable consideration. The testimony was somewhat conflicting in regard to the maturity of the corn on September 30, 1889, when the judicial sale occurred, and as to the bonafides and absolute character of the sale of the corn. The jury, after being properly instructed, found generally in favor of the plaintiff upon all the issues, and this finding effectually settles the controversy.
The contention of plaintiff in error is, that as the corn was standing in the field, unhusked, the title thereto passed to the
None of the errors assigned by plaintiff in error can be sustained, and hence the judgment of the district court will be affirmed.