Ferguson

This is an action to recover possession of 1,400 sacks of wheat and 760 sacks of barley, or the sum of $2,300, the value thereof, and $250 damages for detention.

The case was tried by the court without a jury, and the judgment was in favor of the defendants, from which and from an order denying a new trial the plaintiff appeals.

The facts of the case as disclosed by the record are in substance as follows: In September, 1892, one James Caven, being then the owner of the lands described in the complaint, leased the same by written lease to one White for the term of three years from the fifteenth day of that month, at the yearly rental of $1,100, “ payable only in gold coin of the United States of America on or before the fifteenth day of September of each year during this lease.” The lease further stated that it is “ understood and agreed by the parties hereto that all the crop of wheat, barley, or hay, or other crops that may be raised on "said’land, shall be and is the property of the first party, until the said yearly rental of $1,100 is fully paid; and that no crops shall be removed from said land until said yearly payment of $1,100 is paid, without the written consent of said…