Page:North Dakota Reports (vol. 48).pdf/565

 ation of the period of redemption took sheriff deeds. M. continued in possession and sowed crops. His grantees brought actions to determine adverse claims to the land. In these actions, D. answered, setting up no claim to the crops and no claim for the value of use and occupation. The crops were destroyed by hail in July. In August and September, judgments were entered in the adverse claims actions in favor of the defendant D. without a disposition of the claim for hail insurance, but with the specific understanding that M. would be permitted to harvest such crops as remained. It is held:

Where crops, sown by one whose possession is continuous, have been destroyed by hail during the period of his possession and where all claims to title is stipulated in favor of another as owner on condition that the possessor’s claim to the crop is recognized, the claim for hail insurance belongs to the owner of the crop.

Appeal from the District Court of Williams County, Fisk, J.

Affirmed.

B. H. Bradford, for appellant.

The owner of the land is the owner of the growing and unsevered crops. Wadge v. Kittelson, 12 N. D. 452; Warner v. Sohn, 21 Ann. Cas. 427, (Neb.) ; Hartshorne v. Ingels, 23 L. R. A. 531 (Okla.) ; Carlisle v. Killbrew, 6 L. R. A. 617; Altee v. Hinckler, 85 Am. Dec. 407; 8 R. C. L. p. 367.

Craven & Converse and John J. Murphy, for respondents.

The title to the crops at all times was vested in the adverse holders of the land and Dowd, though owner of the fee title to the land, never at any time had any title or interest whatever in or to the crops. Golden Valley Land & Cattle Co. v. Johnstone, 21 N. D. 101; Gunderson v. Holland, 22 N. D. 258; Roney v. Halverson, 29 N. D. 13; Aultman Taylor Co. v. O’Dowd, Minn., 75 N. W. 756. This case has been repeatedly cited by North Dakota Supreme Court with approval. Stock- well v. Phelps, 34 N. Y. 363; Page v. Fowler, 39 Cal. 412, 2 Am. R. 462; Johnson v. Fish, 103 Cal. 420, 38 Pac. 979. '

, J. This is an appeal from a judgment in favor of the