22 Minn. 561 | Minn. | 1876
Conceding, as is contended by defendants, that the contract between Gauthier and O’Neil created
The mortgage describes the property intended by it as “ all the right, title and interest of the said Louis Gauthier in and to that certain crop of wheat raised upon the land of the said Gauthier, situated in the town of Egan, county of Dakota, and state of Minnesota, by one Robert O’Neil, during the year 1875,” the crop then having been cut and then standing in the shock on the land. As it does not appear that Gauthier had or claimed any right, title or interest with respect to the wheat, except the right, under his contract with O’Neil, to demand and receive one-third of it, the presumption must be that he intended to pass that right, although it may not be very accurately described in the' mortgage. This being so, the wheat sued for became the property of the plaintiff the instant it was set apart.
Order affirmed.
Berry, J., did not sit in this case.