Downs v. National Bank

California Court of Appeal Nov 7, 1929 No. Docket No. 7097.Published

Before: Sturtevant

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Holding. The court held that the vendors of real property transferred all interest in the standing crops to the vendee upon the sale of the land, leaving the vendors with no rights to convey pasturage to the plaintiff.

Issues

Whether the vendors of real property retained rights to crop pasturage after conveying the land to a vendee.
Whether the trial court's findings were sufficiently responsive to the issues presented.

Disposition. affirmed

Quotations verified verbatim against the opinion

“When the vendors sold the realty they sold all interest in the crop standing thereon.”

“As between the vendor and the vendee, a transfer of the growing crop was a part of the realty.”

“Assuming, but not deciding, that the plaintiff under his bill of sale is the assignee of the vendor, he has no greater rights than his assignor.”

STURTEVANT, J.

The plaintiff commenced an action against the defendant to recover a judgment. The defendant answered and a trial was had before the court sitting without a jury. The trial court made findings in favor of the defendant and from a judgment entered thereon the plaintiff has appealed and has brought up a typewritten record.

Heretofore, L. D. Hill and F. E. Hill, copartners, owned a tract of land in Kern County known as the Hill Ranch. Later J. T. Hill and J. L. Hill joined L. D. Hill and F. E. Hill forming a larger partnership for the purpose of managing and operating the ranch. During the season of 1923 and 1924 the Hills planted the land to wheat and barley. January 18, 1924, the Hills mortgaged their crops to the defendant and the mortgage was recorded on that date. On February 19, 1924, the owners of the ranch entered into an executory contract, by the terms of which they agreed to exchange their lands in Kern County for lands in the state of Kansas owned by William Wonn. That executory contract was not recorded. On April 15, 1924, the deed by which the Hills conveyed their lands to Wonn was recorded in Kern County. On June 9, 1924, one of the partners, L. D. Hill, signed and delivered a bill of sale purporting to convey the pasturage on the lands in Kern County. That document was delivered nearly two months after the Hills had parted with their title to the lands. On or about June 23d it had transpired that the year was dry. The crops in

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spots had not matured. Some of the crop was so short that it could not be mowed for hay nor headed for grain. The Hills left the ranch and the defendant as mortgagee entered into the peaceable possession for the purpose of protecting itself by harvesting and marketing the crop. As to the portion of the crop that could neither be mowed nor headed, the defendant sold the pasturage rights and its vendees proceeded to pasture sheep on said spots. In the present action the plaintiff contends that the Hills retained rights to the pasturage by reason of certain covenants contained in the executory agreement theretofore executed by themselves and William Wonn. The defendant contends that said instrument merged in the deed from the Hills to William Wonn. It was so held in

Bryan

Downs v. National Bank

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STURTEVANT, J.

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