Emerson

— This is an action of claim and delivery, brought by the plaintiff, as the administratrix of the estate of H. G-. Emerson, deceased, against the defendants, partners, doing business under the firm name of Whitaker & Ray, for the recovery of the possession of 945 sacks of wheat. The court finds, among other things, that on the twenty-seventh day of December, 1886, the plaintiff, as such administratrix as aforesaid, executed and delivered to the defendants a deed purporting to convey to said defendants the premises upon which the said wheat was grown, and that “ shortly after obtaining such deed the said Whitaker & Ray, believing that such purchase was valid, and that they had thereby become the owners of said land, and with the full knowledge and consent of said administratrix, went into possession of said land, and, at their own expense,-plowed, sowed, and planted the same in wheat, and harvested and sacked said wheat. The said crop amounted to 945 sacks of good grain, which are of the value of $1,701.83, and-sacks of screenings, which were sold by them for $17.10, which was the reasonable value thereof.”

The court further finds that on the fifteenth day of October, 1887, the…