[DOWNLOAD] "Justice Court of Precinct No. 1 of Fremont County v. People" by Colorado Supreme Court # eBook PDF Kindle ePub Free

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eBook details

• Title: Justice Court of Precinct No. 1 of Fremont County v. People
• Author : Colorado Supreme Court
• Release Date : January 06, 1942
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

Plaintiff and defendant are husband and wife, but for some time prior to this proceeding had not been living together. In settlement of a suit brought by her against him, he gave her a warranty deed to a half section of land, less a reserved strip. The deed was executed and delivered on the 28th day of September, 1943. It contained no reservations, except as above noted, and the land was represented as free and clear. At the time the deed was executed and delivered there was a corn crop standing on the land which had been raised by renters under a crop payment plan of one-third of the crop to the landlord. Defendant took the one-third share, sold it and received four hundred ninety-one dollars therefor. Plaintiff, claiming it belonged to her, brought this suit, recovered judgment for four hundred ninety-one dollars against defendant and she brings the case here urging as points for reversal that: (1) The findings and judgment are contrary to the law and the evidence; (2) The court erred in entering judgment for the plaintiff and against defendant; (3) the court erred in not rendering judgment for defendant on her counterclaim; and (4) the court erroneously held that a corn crop became personal property and does not pass with a deed to the land as soon as the corn ceases to draw substance from the ground, although the corn may not be ready to harvest or to gather and crib, and that the court should have held that the corn crop is a part of the real estate until it has been severed from the ground on which it was growing, and the landlords share passes to the grantee of a deed unless reserved. The first two and the last points will be considered together.

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