57 Kan. 322 | Kan. | 1896
William Scully owned a farm in Butler County which he leased in 1887 to J. N. Bledsoe, who remained in the possession of the same under the lease until 1890.. During the season of 1889 Bledsoe raised a large crop of corn which was cribbed upon the leased land. The stipulated rental for that year was $310, together with any taxes levied upon the premises, no part of which had been paid when the present controversy arose. While the corn was yet cribbed upon the premises, about January 20, 1890, J. H. Porter attempted to purchase the corn from Bledsoe, and a few days later paid the greater part of the purchase j)rice. On January 31, 1890, Porter took from Bledsoe a chattel mortgage on the corn to secure the payment of the money advanced on the purchase. On February 4, 1890, Scully brought an action against Bledsoe to recover the rent due, and to enforce the lien he caused an attachment to be levied on the corn in the cribs on the leased premises. On February 7, 1890, Porter, claiming to be the owner of the corn, brought this action in replevin and obtained possession of the same from the attaching officer. William Scully was substituted for the officer and made a party defendant in the action; and the trial subsequently had resulted in a judgment against him, which was affirmed by the Court'of Appeals.
The case was tried and submitted to the jury upon a different view of the law ; and the judgment must, therefore, be reversed and the cause remanded for a new trial in accordance with the views herein expressed.