92 Iowa 536 | Iowa | 1894
When the corn matured, it was gathered by the plaintiffs, and placed in a crib upon the premises. And they testify that they divided the crib into equal parts by stretching wires through it near the center from east to west, and by use of wedges at the bottom, so as to distinguish their corn from their landlord’s. After the division of the crib, plaintiffs took from the north end, which they claimed as theirs, four hundred and ninety-seven bushels of corn, and were proceeding to haul it away, when defendant took possession of all the remaining corn, under the chattel mortgage.
The serious dispute in the ease is as to the number of bushels of corn raised by the plaintiffs upon the leased land. Plaintiffs say they planted one hundred acres, which produced an average of thirty bushels to the acre. And one witness for plaintiffs testifies that he measured the crib after it was full, and found it was seventy-one feet long, eight feet wide, and twelve feet high, and that, according to the usual rule it would hold something over three thousand bushels. When the defendant hauled the corn away, it measured by weight, according to the testimony, one thous- and, five hundred and eighty-seven bushels and ten pounds, and the crib measured forty-four feet long, eight feet wide, and twelve feet high. The jury found that one thousand, eight hundred and eighty-four bushels of corn were raised upon the premises that year, and that the defendant took one thousand, five hundred and eighty-seven bushels thereof, and that plaintiffs were entitled to four hundred and forty-five bushels, which they found to be worth one hundred and
IV. Criticism is made of the instructions given by the court. So far as we can observe, they fairly meet the issues presented by the pleadings, and were correct, so far as given. If defendant desired more explicit ones, it was his duty to ask.them. Appellees’ motion for judgment on appeal bond is sustained, and judgment ordered accordingly. We discover no error in the record, and the judgment is aeeirmed.