52 Iowa 235 | Iowa | 1879
II. The court gave to the jury the following among other instructions:
“2d. The plaintiffs claim ownership and right of possession by virtue of the assignment of certain leases from one*237 Morris to them. The assignment of the leases gave the plaintiffs the right to take possession of the corn after it had been grown and was matured; but the title did not vest,in them until such time, and until they had taken possession thereof. And if, before the'plaintiffs took possession, the corn was levied upon and sold to defendant under an execution on a judgment in favor of the defendant and against said Morris, then the title to the corn would pass to the defendant by virtue ■of such sale. And, in case you so find, the plaintiff cannot recover.”
It is true it has uniformly been held by this court that the owner of the land acquires no property in the part of the crop reserved for rent until it is ascertained and set apart to him by the tenant. Rees v. Baker, 4 G. Greene, 461; Townsend & Knapp v. Isenberger, 45 Iowa, 670. But it has never been held that a landlord may not assign his interest in the lease, and thus invest his assignee with the right to secure the rent when it is in a condition to be set apart'; and we apprehend that, if the tenant were to deliver the landlord’s share of the grain to a stranger having no right to it, the landlord or his assignee could maintain replevin to recover it. If the assign
Reversed.