Hamilton v. Rock

1. Crops ? Words &; Phrases ? "Real Estate." Prairie hay before severance, constitutes a part of the "real estate." 2. Landlord and tenant ? Creation of tenancy. Any language by which the possession and enjoyment of land is granted for a specified time at a stipulated rental creates a tenancy and is in effect a lease and no particular words are necessary. 3. Landlord and tenant ? Words &; Phrases. ? "Agricultural land." The term "agricultural land" as used in section 9889 distinguishes it from mining or urban property. 4. Homestead ? Meaning of term "agriculture" in homestead law. The term "agriculture" as used in the homestead laws embraces forests, grazing land and all types of land which in good faith were sought for a home provided the lands could by the settlers effort be made habitable and used as a farm home. 5. Landlord and tenant ? Words &; Phrases ? "Notice to quit." Letter from landowner to tenants after expiration of lease not a "notice to quit." 6. Landlord and tenant ? Question of holdover one for jury. Whether tenants "held over" and were entitled to another year under the statute was a jury question. - Page 246 7. Landlord and tenant ? What jury could consider in determining "holdover" question. In determining whether the tenants held over, the jury could consider the character of possession during the life of the lease in preceding years, keeping in mind that possession of grazing lands is necessarily not so obvious as possession of tillable land. 8. Landlord and tenant ? Instruction on insufficiency of letter of termination. The jury should have been instructed as to what consequences would follow, if the letter from the landlord to the plaintiffs before expiration of the lease was construed to be insufficient to terminate tenancy as well as the consequences if the letter did terminate tenancy. 9. Landlord and tenant ? Instruction on affect of accepting rent properly refused. The trial court properly refused to instruct that if a tenant of real property remains in possession after the expiration of the lease and the landlord accept rent from the tenant, the parties are presumed to have renewed leasing on the same terms for the same time not exceeding one year. 10. Crops ? Effect of severance on title to crops. When an occupant of lands plants, cultivates and harvests crops during the term of his occupation, they are his personal property, whether he occupied the land as a purchaser, a tenant, or a mere trespasser holding the land adversely to the real owner, and whether he came into possession of the land lawfully or not, provided he remain in possession until after the crops are harvested, but if the growth severed is such as comes by the act of God, as trees and grass, rather than such as owes its existence solely to industry of the trespasser, the trespasser acquires no title by severance. 11. Accession ? Application of doctrine of "accession." Under the doctrine of accession one who in good faith greatly increases the value of grass by making grass into hay with the knowledge of and without objection by the owner under a belief that he has a right to do so, acquires a title to the hay which will sustain his action of replevin therefor but is liable for its value at the time of its conversion. 12. Landlord and tenant ? Question of good faith for jury. There is sufficient evidence to present a question for the jury to determine whether plaintiffs in good faith thought they had a right to cut the grass and stack the hay. If it was in good faith then they had a right to recover value of hay less value of standing grass before it was cut.