62 Iowa 317 | Iowa | 1883
It apears from the allegations of the petition that, on the eighth day of June, 1881, an execution was issued on a judgment against P. E. Cromer. Said execution was levied upon an undivided half of twenty acres of gfow-
But where the property of joint owners is not susceptible of division, as in case of a growing crop, or in case of the joint ownership of a single piece of property, replevin will not lie by one joint owner, because the property sought to be recovered is not susceptible of seizure and delivery to the plaintiff. Kauffman v. Schilling, supra; Wells on Replevin, 88 and 89. Jones v. Dodge, 61 Mo., 368, was an action in replevin to recover a part of a crop of corn standing ungathered in a field. It was held that a division of the crop by an officer was not practicable, and that the action would not lie, and that, to maintain the action, the property must be such as can be seized by the officer and delivered to the plaintiff. We think the demurrer to the petition should have been sustained.
Reversed.