# Frishkorn v. Ogden

> Alabama Court of Appeals · January 15, 1918 · 16 Ala. App. 358

URL: https://www.frixlaw.com/law-library/cases/3244495

## Case

- **Full name:** Frishkorn v. Ogden.
- **Court:** Alabama Court of Appeals
- **Decided:** January 15, 1918
- **Citations:** 16 Ala. App. 358; 77 So. 970; 1918 Ala. App. LEXIS 39
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Brown
- **Judges:** Brown
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3244495

## Opinion text

BROWN, P. J.
[1]
It is well settled that a lease, like any other conveyance of a present estate in land, transfers to the lessee the right to the unmatured vegetable products growing upon the land at the time, unless they are expressly excepted from its operation. 2 Tiffany, Landlord & Tenant, § 249; Edwards v. Perkins, 7 Or. 149 ; Willey v. Conner, 44 Vt. 68 ; Emery v. Fugina, 68 Wis. 505 , 32 N. W. 236 . Under the rule the crops passed to the lessee, Ogden.
[2]
The only objection to the question made the basis of the third assignment of error was met by the defendant, with permission of the court, filing the plea of set-off, and the objection was properly overruled.
[3]
If by filing the plea of set-off during the trial the plaintiff was placed at a disadvantage by not being prepared to meet this defense, the fact should have been made known to the court at that time. He could not remain silent and take his chance, and afterwards, on motion for new trial, plead that he was surprised.
There is no error in the record.
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3244495. Public record. Not legal advice.