Hanson v. Johnson, 161 Minn. 229 

Supreme Court of Minnesota

1924

Chapter

6

Title

A Contemporary Approach

Page

166

Topic

Hearsay

Quick Notes

Verbal act of tenant admissible to prove title of landlord.

o          In proving title to corn in the crib on a farm owned by plaintiff it is not hearsay nor self-serving to prove conduct of parties for the purpose of showing a division;

o    To also show that the tenant pointed to the crib and told the plaintiff that the particular crib of corn was his share, the language under the circumstances being a verbal act.

Book Name

Evidence: A Contemporary Approach.  Sydney Beckman, Susan Crump, Fred Galves.  ISBN:  978-0-314-19105-2.

Issue

o         Whether verbal acts of a tenant are admissible to prove title of the landlord?  Yes.

Procedure

District

o         Judgment in favor of plaintiff for $196.50 and interest

Supreme

o         Affirmed

Facts

Discussion

Key Phrases

Rules

Pl  Hanson

Df Johnson

Party Description

Verbal act of tenant admissible to prove title of landlord.

o          In proving title to corn in the crib on a farm owned by plaintiff it is not hearsay nor self-serving to prove conduct of parties for the purpose of showing a division;

o         To also show that the tenant pointed to the crib and told the plaintiff that the particular crib of corn was his share, the language under the circumstances being a verbal act

Johnson Trial Court Erred in the reception of evidence.

Facts

o         Plaintiff owned and leased a farm to one [tenant] under a written lease

o         The terms of which gave plaintiff 2/5 of the corn grown.

Tenant gave mortgage to defendant bank

o         The tenant gave a mortgage to defendant bank on his share of the crops.

Corn was sold at auction by the bank

o         The tenant's mortgaged property was sold at auction by the bank with his permission.

o         At this sale a crib of corn containing  393 bushels was sold by the bank to defendant Johnson.

o         If [Hanson] owned the corn it was converted by [Johnson].

Effort to Prove Corn was owned by Hanson

o         [Hanson] testified, over the objection of hearsay and self-serving, that when the tenant was about through husking corn he was on the farm and the tenant 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."

Bystander heard the talk

o         A bystander was called and against the same objection testified to having heard the talk in substantially the same language

Court No question that Hanson owned some corn

o         It was necessary to identify the corn.

o         The division made his share definite.

o         This division and identity was made by the acts of tenant in husking the corn and putting it in separate cribs and then his telling Hanson which was his share and the latter's acquiescence [passive assent without protest] therein.

Language was the very fact necessary to be proved

o         The verbal part of the transaction between plaintiff and the tenant was necessary to prove the fact.

o         The words were the verbal acts.

o         They aid in giving legal significance to the conduct of the parties.

o         They accompanied the conduct.

o         There could be no division without words or gestures identifying the respective shares.

o         This was a fact to be shown in the chain of proof of title.

o         It was competent evidence.

o         It was not hearsay nor self-serving.

o         As between plaintiff and the tenant this evidence would be admissible.

Affirmed

Rules

Class Notes

A corn crib or corncrib is a type of granary used to dry and store corn. It is also known as a cornhouse or corn house, though this term can refer to any granary