This аction of replevin was brought by the plaintiff in error for the pоssession of twenty tons of hay contained in three stacks.which stood on premises owned by the defendant. In his petition plaintiff described the hay as having grown on section 36, township 16, range 14, a sсhool-land section in Sherman county. On the usual issue in an action of this nature, there was a trial to a jury, which returned a verdict in favor of the defendant, upon which judgment was duly rendered.
The plaintiff claimed that he had the exclusive right to cut the grass on section 36 aforesaid, in 1890, under an oral lease with Johnson- T. Hale, who, he alleged, had the right to make such lease by reason of authority to that effect
The only tеstimony tending to show- a lease to R. H. Maxwell of this school seсtion was given by himself. He said: “I held and owned a school land leаse upon it in 1890 — No. 35,445, No. 32,737. Maxwell, Sharpe & Ross Co., of Lincoln, Nebrаska, now own my interest in it.” Upon request to make the lease rеferred to, and which he said was in his possession, a part of his deposition, Mr. Maxwell said: “The present owners refuse said leаse to be used for this purpose.” There was no further attempt to introduce in evidence either the original or a copy of this lease. In reference to the rights of Hale with resрect to the school section in 1890 the testimony, also by deposition of Mr. Maxwell, was, that he made a grass lease of it fоr that year to Mr. Hale; that he in writing appointed as his agent in Sherman county, Johnson T. Hale, whose residence was in Loup City, to look after and attend to said school lease land in 1890. This witnеss, when asked as to the authority which he conferred upon Hale, said that it was by a writing which would show for itself, and that he would send a сertified copy of it, if necessary. There was intro
Affirmed.