Frishkorn v. Ogden

Alabama Court of Appeals

Frishkorn v. Ogden

77 So. 970, 16 Ala. App. 358, 1918 Ala. App. LEXIS 39

CourtAlabama Court of Appeals

DecidedJanuary 15, 1918

Docket1 Div. 255.

StatusPublished

Cited by2 cases

This text of 77 So. 970 (Frishkorn v. Ogden) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Frishkorn v. Ogden, 77 So. 970, 16 Ala. App. 358, 1918 Ala. App. LEXIS 39 (Ala. Ct. App. 1918).

Pincite

Opinion

BROWN, P. J.

[1] It is well settled that a lease, like any other conveyance of a present estate in land, transfers to the lessee the right to the unmatured vegetable products growing upon the land at the time, unless they are expressly excepted from its operation. 2 Tiffany, Landlord & Tenant, § 249; Edwards v. Perkins, 7 Or. 149; Willey v. Conner, 44 Vt. 68; Emery v. Fugina, 68 Wis. 505, 32 N. W. 236. Under the rule the crops passed to the lessee, Ogden.

[2] The only objection to the question made the basis of the third assignment of error was met by the defendant, with permission of the court, filing the plea of set-off, and the objection was properly overruled.

[3] If by filing the plea of set-off during the trial the plaintiff was placed at a disadvantage by not being prepared to meet this defense, the fact should have been made known to the court at that time. He could not remain silent and take his chance, and afterwards, on motion for new trial, plead that he was surprised.

There is no error in the record.

Affirmed.

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