Hill v. Brothers

• Decision Date: 14 January 1920
• Docket Number: No. 2539.,2539.
• Citation: 217 S.W. 581
• Parties: HILL v. BROTHERS.
• Court: Missouri Court of Appeals

217 S.W. 581

HILL v. BROTHERS.

No. 2539.

Springfield Court of Appeals. Missouri.

January 14, 1920.

Appeal from Circuit Court, Stoddard County; W. S. C. Walker, Judge.

Action by Victor Hill against W. B. Brothers. From judgment dissolving temporary injunction, plaintiff appeals. Affirmed.

J. L. Fort, of Dexter, for appellant.

Wammack & Welborn, of Bloomfield, for respondent.

FARRINGTON, J.

This is an appeal from the action of the circuit court of Stoddard county in dissolving a temporary injunction. The temporary writ was issued by the county court, proof being that there was no circuit court nor judge thereof within the county. In this temporary injunction W. B. Brothers, the defendant, his agents, servants, and attorneys, were enjoined from interfering or hindering the plaintiff in entering in or upon a quarter section of land and in harvesting and threshing and removing therefrom plaintiff's one-half of a wheat crop then being and growing upon the premises. The petition was filed on the 1st day of June, 1918, and the temporary writ was issued on the same day. A motion to dissolve the injunction was filed on December 2, 1918, which motion was taken up by the circuit court on the 15th day of April, 1919, the temporary injunction being dissolved and the petition dismissed.

It appears from the evidence that the plaintiff went upon this land, harvested and threshed the wheat he was claiming. It is perfectly apparent that at the time the court sustained the motion to dissolve "the temporary injunction the wheat had been cut and threshed for nearly a year. The facts out of which the controversy arose are about as follows: On the 5th day of October, 1917, A. E. Disher was the owner of some land in Stoddard county, Mo., which was being farmed by the plaintiff who had gone on the farm in October, 1916, under an arrangement by which Disher and appellant were to farm on the halves. Hill sowed a wheat crop in the fall of 1916, and raised a summer crop of corn in 1917. On October 15, 1917, he had 40 acres of the land ploughed, and was then preparing the ground to sow it with wheat, when the defendant entered into a contract of sale with Disher, purchasing the land in which it was agreed that he would be given possession on or before March 1, 1918. On February 7, 1918, a general warranty deed without any reservations was delivered by Disher to the defendant. The plaintiff went ahead and seeded the 40 acres in wheat. Disher paid the appellant $600 to deliver possession on or before March 1, 1918. Plaintiff and Disher both swear that this was paid for possession of the place, and was not a consideration for plaintiff's one-half interest in the wheat crop which would mature the following June, and also swear that it was understood between themselves and the defendant that he (plaintiff) would be permitted to harvest and thresh his wheat in the proper season. The defendant's contention is that he, by the purchase from Disher, acquired "the entire crop by his unreserved warranty deed. The defendant did not go into possession of the land until February, 1918, at which time, of course, the wheat was a growing crop; the plaintiff having given possession in January, 1918.

The evidence shows that the wheat threshed out 960 bushels, and further shows that the defendant is entirely solvent and able to pay any damages to which plaintiff might have been entitled on...