SMITH, Judge.
This cause was instituted by the filing of a petition in the circuit court of New Madrid County, returnable to the January term, 1942, which petition, caption and signature omitted is as follows:
"Plaintiff states that on the ___ day of January, 1940, he entered into a contract with the defendant under the terms and conditions of which he was to farm for the years 1940 and 1941, 105 acres of land, 80 acres of which was known as Farm #1-106 of the Agricultural Conservation Association of New Madrid County, 27 acres of which land was to be grown in cotton, and the balance of said total acreage of 105 acres, amounting to 25 acres, was to be farmed in cotton on Farm #1C76 of the Agricultural Conservation Association of New Madrid County, making a total cotton acreage of 52 acres.
"Plaintiff states that under the terms and conditions of said contract plaintiff was to receive three-fourths of all said cotton and three-fourths of the Government
payments or benefits paid thereon, and the defendant was to receive one-fourth of said cotton and one-fourth of said Government payments or benefits. Plaintiff further states that in conformity with the said contract he entered upon said real estate and farmed the same during the year 1940 and cultivated the 27 acres in cotton of the 80-acre farm and also 25 acres in cotton on the other farm hereinabove set out, but plaintiff charges and avers that although he rented the same said real estate and had an agreement with the defendant to farm the same acreage in cotton during the year 1941, the defendant did wrongfully and without any lawful right, take away from plaintiff the 25 acres of land on Farm #1C76 of the Agricultural Conservation Association of New Madrid County, upon which plaintiff was to have grown cotton again in the year 1941, and by reason of which act and wrongdoing on the part of the defendant the plaintiff was precluded from growing said additional 25 acres of cotton aforesaid during the year 1941; that the said 25 acres of cotton land was wrongfully taken from the plaintiff by the defendant on or about the 18th day of February, 1941, after plaintiff had already begun his farm operations for the said year 1941; that said 25 acres of land aforesaid would have reasonably produced $3,750.00 worth of cotton and cotton products, that one-fourth of said sum, or the sum of $937.50, would have been due the defendant as rent; that the planting, cultivation and harvesting of said cotton would have cost the sum of $1,137.50, which, added to the one-fourth rent which would have been due the defendant, would have made a total sum of $2,075.00, which deducted from the total value of the cotton which plaintiff could have grown on said land, leaves a balance of $1,675.00 which plaintiff was damaged by reason of the wrongful act of the defendant in taking said 25 acres of cotton land from plaintiff.
"Plaintiff further states that the Government benefits which he would have collected for his part of said 25 acres of cotton, had he been permitted to have grown the same, would have been the sum of $260.00, and which said sum added to the damages aforesaid of $1,675.00, makes a total damage to plaintiff of the sum of $1,935.00, settlement for which sum demand has been made of defendant and payment refused.
"Wherefore, plaintiff prays judgment against defendant for the sum of $1,935.00, together with 6 per cent interest thereon since the date of the filing of this suit, and for his costs herein expended."
On the 21st day of January, 1942, defendant filed his answer and counterclaim, which, caption and signature omitted, is as follows:
"Count I. Comes now L. B. Fletcher, defendant in the above-entitled cause, and for answer to the petition filed in the above cause denies generally each and every allegation, statement and averment therein contained not hereinafter expressly admitted and prays that he may go hence and recover of and from plaintiff his costs in this behalf expended.
"Count II. And for another, further and different answer to the cause of action attempted to be stated in plaintiff's petition, this defendant says that in the early part of the year 1940 he did verbally rent to defendant approximately 25 acres to be farmed in cotton on Farm #1C76 of the Agricultural Conservation Association, New Madrid County, Missouri, together with 80 acres of land on the farm known as #1-106, that said renting was for the crop year of 1940 only; that said letting was verbal and not in writing and under the terms and conditions thereof was to terminate on the 31st day of December, 1940, and that in addition to the notice in the original contract of letting it was for the year 1940, defendant notified plaintiff on or about the ___ day of July, 1940, that he had rented the farm on which the 25 acres known as farm No. 1C76 was located to one Roy Berry and that thereafter and during the year 1940 the said Berry entered upon said farm and sowed a portion thereof in wheat and barley and that at all times from and after the ___ day of July, 1940, said W. C. Coleman well knew that said farm had been rented to said Roy Berry and not to him, said notice being in addition to the terms of the original letting under which plaintiff was to have said 25 acres for the year 1940 only.
"Defendant further states the terms of the letting of the said 25 acres hereinbefore mentioned on farm No. 1C76, the plaintiff was to pay to defendant as rent thereon one-fourth of all cotton to be raised thereon and in addition thereto one-fourth of any and all Government rentals thereon and the further sum of $200.00 in
cash; that although several times demanded plaintiff had failed, neglected and refused to pay to this defendant said sum of $200.00 or any part thereof and same is still due and owing to defendant, and by such failure to pay said sum of $200.00 in addition to one-fourth of the rentals aforesaid, plaintiff has violated and failed to comply with the terms of his lease of said premises for the year 1940.
"Wherefore, having again fully answered, defendant prays judgment against the plaintiff for the said sum of $200.00 balance due on the 1940 rent and interest and costs and for his costs in this behalf expended.
"Count III. And for another, further and different answer to the cause of action attempted to be instituted by plaintiff in his petition, and by way of counterclaim this defendant says that in order to enable plaintiff to cultivate the land rented by him from defendant, plaintiff made, executed and delivered to defendant one certain chattel mortgage in the sum of $1,000.00 securing a certain promissory note for said amount due October 15, 1940, which mortgage was duly filed for record on the 25th day of March, 1940, on the following described property, to-wit:
One (1) Bay Horse, age 12 years, weight 1200 pounds, about 15½ hands high.
One (1) Black Horse, age 11 years, wt. 1100 lbs. about 15½ hands high.
Two (2) Black Mules, age 5 and 6 years, weight 1200 each, 15½ hands high.
Two (2) sets of harness for above mentioned mules.
One (1) Iron-wheel wagon, complete with bed.
Two (2) Walking Cultivators (Oliver and Sb644 Moline).
Two (2) Middle breakers (Moline and Brinley).
Two (2) Breaking Plows (One Moline No. 10 and one No. 12).
One (1) Section Harrow (John Deere).
One (1) Two-row Cotton and Corn Planter (Moline).
One (1) Jersey milk cow, age four years, weight about 900 pounds.
Ten (10) Mixed color and weight hogs.
Fifty-two (52) Acres of cotton, less one-fourth (¼) for rent.
Twenty-two (22) Acres of six foot corn, less one-third for rent.
"Defendant further states that when said note and mortgage became due plaintiff failed, neglected and refused to pay the same and that in order to collect on said chattel mortgage defendant was compelled and did sue plaintiff thereon; that thereafter and during...
