State v. Superior Court for Whitman County

• Decision Date: 10 October 1919
• Docket Number: 15383.
• Citation: 108 Wash. 443,184 P. 348
• Parties: STATE ex rel. RATLIFFE et al. v. SUPERIOR COURT FOR WHITMAN COUNTY et al.
• Court: Washington Supreme Court

184 P. 348

108 Wash. 443

STATE ex rel. RATLIFFE et al. v. SUPERIOR COURT FOR WHITMAN COUNTY et al.

No. 15383.

Supreme Court of Washington

October 10, 1919

Department 2.

Certiorari by the State, on the relation of Frank A. Ratliffe and others, against the Superior Court for Whitman County, Hon R. L. McCroskey, Judge, to review a judgment against relators, defendants, in an action for possession of real estate. Judgment affirmed.

Sam'l P. Weaver, of Sprague, for defendants.

BRIDGES, J.

This is an action for the possession of real estate. We will refer to the parties as plaintiffs and defendants. The facts are substantially as follows:

On November 29, 1916, one George Strachan was the owner of two farms located in Whitman county, Wash. One has been and will be referred to as the upper, and the other as the lower farm. Strachan was also the owner of various farm machinery tools, implements, and appliances, and also several head of work horses. On the date above mentioned, Strachan, as the party of the first part, and J. E. Neece and W. E. Neece, as the parties of the second part, entered into a written instrument, which was termed a farm lease, whereby both farms were leased by the first party to the second parties for three years. This instrument also turned over to the tenants all the above-mentioned farming equipment, horses, harness etc. It was provided that the lessees should do all work in a first-class manner and should sow grain to such parts of the land as should be fit for grain, and all hay land was to be sown to hay. The lease then continues:

'First party is to receive and be entitled to the following proportions of the products raised on the above described lands, to wit: Wheat, one-third; oats, one-third hay, one-third. All grain which belongs to the first party is to be delivered by the second party at the nearest warehouse in sacks to be furnished by the first party. All hay and grain belonging to the first party is to be well housed and sacked so as to shed rain, until delivered at warehouse.

'Second party agrees to give first party at least ten days' written notice of the time and place of threshing all grain grown on said lands, and not to assign this lease or sublet said premises without the written consent of the said party of the first part, and at the expiration of this lease to surrender up peaceable possession of said premises in good condition to the party of the first part.

'The title to all of the products shall be and remain in the first party until such time as he shall have received his full proportion thereof, and second party shall not mortgage or dispose of any part thereof to the prejudice of the party of the first part.

'The first party has the right to go upon the said premises at any time and perform such work thereon as he may deem advisable which does not prevent the party of the second part from carrying out the terms and conditions of this lease. Second party is to keep all buildings and fences in good repair. All damages caused by second party not complying with the terms of this lease shall be at a loss of second party.

'It is further agreed that no lien shall be claimed or filed by any party performing any labor or work of any kind whatever on said premises or on or about said products, and that no lien or right of lien shall exist therefor.

'Party of the first part agrees to furnish 24 head of work horses and harness for same, and all implements of every kind necessary to farm the said land and harvest the crops thereon, and to pay for all new extra parts needed to keep said machinery in good repair. 'Party of the first part agrees to furnish all seeds and feed necessary to till and sow said lands in the fall of 1916, and spring of 1917, one-half of whatever seed and feed is used in 1916 and 1917 to be returned to the first party at the termination of this lease by the party of the second part.

'Party of the first part and parties of the second part further agree that all grain and crops grown on the said lands after the rent of one-third has been paid shall be divided equally between the parties hereto, each party to furnish his own sacks to sack the grain, and the party of the second part is to do all the hauling of the grain and crops, and party of the first part agrees to pay wages for the man while they are hauling his share of the crops mentioned herein.

'It is further agreed by and between the parties hereto that all increase from the stock furnished by the party of the first part shall be divided equally between the parties hereto. Party of the first part agrees to furnish a stallion for work and breeding purposes.

'It is further agreed that all increase from the cattle furnished by the party of the first part shall be equally divided by the parties hereto.'

The lease further provides how the increase of the stock shall be divided, and that the lessees shall take proper care of all such stock; that at the time of the making of the lease there were about 350 acres of summer fallow; that at the termination of the lease an equal number of acres of summer fallow should be left on the lands; that all straw and pasturage on the place at termination of the lease should become the property of the lessor; that it was understood that the lands were being offered for sale and might be sold subject to the lease; and that if the lessees failed to strictly comply with the terms of the lease the same might be terminated by the lessor for that reason.

The contract seems to provide that Strachan is to receive one-third of the crops for the use of the lands and is to receive another one-third of the crops for the use of his teams and farming equipment, which is, of course, the same thing as receiving two-thirds of the crops for the use of the lands, horses, farming equipment, etc.

These farms were operated under this lease until July 17, 1917, when the lessor conveyed the upper farm to the plaintiffs, subject, however, to the terms of the lease. After the plaintiffs became the owners of the upper farm, they stepped into the shoes of the original landlord in so far as that farm was concerned, and the Neece brothers continued to operate both farms under the terms of the lease, employing the machinery and farming equipment mentioned in the original lease for that purpose. The one-third of the crops was delivered to the plaintiffs instead of to Strachan, the original lessor. On May 11, 1918, Strachan conveyed the remainder of the land, to wit, the lower farm, together with all of the above-mentioned farming machinery, horses, cattle, etc., to the defendants' vendor. At about the same time Strachan assigned to defendants' vendor all his interest in the lease. The Neece brothers, the tenants, continued to operate under the terms of their lease until on or about the 1st day of October, 1918, when they and the plaintiffs entered into an agreement whereby the original lease, in so far as the upper place was concerned, was canceled and annulled and possession of that place was turned over to the plaintiffs. They entered into actual possession about the 1st of October, 1918; but in a few days plaintiffs were ousted by defendants, who proceeded to plow, cultivate, seed, and otherwise operate both the upper and lower farms. On October 12, 1918, Neece brothers informed the defendants that they would not further operate either of the farms and would surrender the possession of the lower farm and all the machinery and farm equipment covered by the original lease, to them. After some controversy concerning the surrender and some effort on the part of the defendants to persuade Neece brothers to continue the operations, they met and divided the stock as provided in the lease, and all machinery, tools, implements, and appliances covered by the original lease and the lower farm were given into the possession of the defendants. At that time the defendants requested Neece brothers to assign to them all of their interest in the Strachan lease, which request Neece brothers agreed to comply with, but thereafter failed or refused so to do. Immediately after the defendants had dispossessed the plaintiffs of the upper farm, the latter gave the usual notice to the former demanding possession. This, defendants refused, and this suit followed. The case was tried to the court without a jury. The testimony took a very wide range. The trial court found for the plaintiffs and entered judgment accordingly. The defendants sued out a writ of certiorari for review by this court, of the proceedings in the trial court, and the record is now before us.

It must at all times be kept in mind that the only question involved in this action is the possession and right to possession of the upper farm.

It is contended by defendants, as we understand them, that the instrument called a farm lease is of a dual character, being a combined lease and joint adventure; that so far as it undertakes to lease the land itself it creates the relationship of landlord and tenant, but in so far as it affects the farm equipment and the use thereof it creates a joint adventure; that the joint adventure feature of the instrument could not be terminated by agreement between Neece brothers, the tenants, and the plaintiffs; at any rate, it could not be terminated so as to affect any rights which the defendants might have by virtue of the joint adventure relationship that defendants had the right to have their equipment used on the plaintiffs' land and thus made to earn one-third of the crops; and when Neece brothers refused to so use the equipment the defendants had the right to use the same on plaintiffs' farm, and consequently they had the right to the possession of that land in order to make such use of their equipment. The plaintiffs...