Nature of the Case
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Facts
P owned and leased a farm to one Schrik under a written lease, which gave P 2/5 of the corn grown. Schrik gave a mortgage to D on his share of the crops. The mortgaged property was sold at auction by the bank with Schrik's permission. a crib of corn containing 393 bushels was sold by D to Johnson (D). Ps sued Ds for conversion. P testified, over the objection of hearsay and self-serving, that when Schrik was about through husking corn he was on the farm and Schrik pointed out the corn in question (and a double crib of corn) and said: 'Mr. Hanson, here is your corn for this year, this double crib here and this single crib here is your share for this year's corn; this belongs to you, Mr. Hanson.' A bystander was called and against the same objection testified to having heard the talk in substantially the same language. P got the verdict and Ds appealed.
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