On the other hand, if threshing by the bushel, even though the crop is poor, and the yield per acre is small, and the charge per bushel is double or three times what it would be in the case of an average yield, nevertheless the thresher will try to thresh enough bushels to make his work profitable to himself. In other words, he is thus urged to thresh as many bushels as he possibly can, and, in accordance with the provisions of the statute, he has a lien on the grain thus threshed; i. e., he has a lien on each bushel of the different kinds of grain.
It appears quite clear to our mind that the majority opinion erroneously interprets the statute above mentioned:
J. O. SYLVESTER and A. J. SYLVESTER, Appellants, v. AMBROSE MACKEY, Respondent.
(183 N. W. 1019.)
Replevin-plaintiff must recover on strength of his own title, and not on weakness of his adversary.
1. In an action in claim and delivery, the plaintiff must recover on the strength of his own title or right of possession and not on the weakness of his adversary.
Replevin-direction of verdict for defendant held not error.
2. For reasons stated in the opinion it is held that the trial court did not err in directing the jury to return a verdict in favor of the defendant for a dismissal of this action, which was instituted by the plaintiff to recover the possession of certain flax.
Opinion filed June 27, 1921.
From a judgment of the District Court of Dunn county, Crawford, J., plaintiffs appeal.
Affirmed.
W. A. Carns, and W. F. Burnett, for appellants.
The purpose of the action of claim and delivery is to determine the
