141 P. 1059 | Cal. Ct. App. | 1914
Action in claim and delivery. It appears that plaintiff was the owner and in possession of a piece of land upon which he had grown a crop of milo maize. About August 1, 1912, as shown by the testimony of defendant, he and plaintiff entered into an oral agreement whereby plaintiff employed defendant to perform the labor in cultivating and bringing the crop of grain to maturity. "The agreement between us," says defendant, "was that he would give me one-fourth of the crop for maturing it from that time on, and he would guarantee me $500 out of the job. I went to work under those conditions. . . . I quit about the 15th of January. That crop consisted of about 2000 sacks, according to the threshers' tally. . . . Mr. Smyth was to pay all the bills and give me one-fourth of the crop." It further appears that defendant performed labor in the cultivation of the crop until the same was matured, and that about December 1st plaintiff, at his own expense, had it harvested, threshed, put into sacks and stacked or piled up upon his land; that on the night of January 15th, without plaintiff's knowledge or consent, defendant, using plaintiff's team of mules therefor, took and hauled away to a place which he had rented, five hundred sacks of the grain. Whereupon plaintiff instituted this action whereby he recovered possession of the property so taken by defendant and sold the same. The case was tried before a *521 jury which found the value of the property replevined by plaintiff to be $562.50, and rendered a verdict in favor of defendant. Judgment followed, from which, and an order denying plaintiff's motion for a new trial, plaintiff appeals.
Among other grounds upon which the motion for a new trial is based is insufficiency of the evidence to justify the verdict. It conclusively appears that plaintiff at all times was the owner and in possession and control of the land upon which the crop was planted and grown, and it must follow, in the absence of some act whereby he transferred his right, that he was the owner and entitled to possession of the crop so grown upon the land after its severance from the soil. (24 Ency. of Law p. 486; Halleck v. Mixer,
The judgment and order appealed from are reversed.
Conrey, P. J., and James, J., concurred. *522