Opinion
Gen. No. 9,517. (Abstract of Decision.)
Opinion filed April 26, 1940
TRESPASS, § 43 — corn taken from crib of farm tenant, sufficiency of evidence. In action of trespass by farm tenant against elevator owner for taking corn from plaintiff's crib, judgment for plaintiff was against the manifest weight of the evidence, where evidence showed that farm produce was to be divided between tenant and owner, some sorghum and beans had not been divided but tenant agreed to give owner a greater share of corn to make the division, and the owner sold the corn to defendant, who was to take the corn from the owner's crib and enough corn from plaintiff's crib to make a total of 800 bushels.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Whiteside county; Hon. LEONARD E. TELLEEN, presiding.
Revrsed and cause remanded. Heard in this court at February term, 1940.
J.J. Ludens, for appellant;
Ramsay, Bull Yost, for appellee.
"Not to be published in full." Opinion filed April 26, 1940.