
    FARMERS & MERCHANTS STATE BANK OF MORGAN v. JULIUS ZAMZOW AND OTHERS. AMELIA ZAMZOW, APPELLANT.
    
    October 30, 1925.
    No. 24,718.
    Verdict sustained.
    Evidence sustains the verdict.
    See Crops, 17 C. J. p. 383, § 11 (Anno).
    Action in replevin in the district court for Redwood county. The, case was tried before Olsen, J., and a jury which answered in the negative the question: “Did Amelia Zamzow own the crops in the year 1923 upon that part of the lands in question which, before the expiration of the period of redemption from the mortgage sale, were owned by her?” Amelia Zam-zow, intervener, appealed from an order denying her motion for a new trial.
    Affirmed.
    
      W. B. Werring and A. C. Dolliff, for appellant.
    
      Albert D. Flor, for respondent.
    
      
       Reported in 205 N. W. 452.
    
   t PER CURIAM.

Replevin for the owner’s share of crops, the case having been tried as one for conversion. The only issue was one of fact as to whether inter-vener, Amelia Zamzow, or her husband, Julius Zamzow, raised the crop in question. On that issue the verdict was for plaintiff and against inter-vener, plaintiff claiming under a cropping contract with Julius Zamzow.

The evidence is inconsistent at so many points with intervener’s claim that the jury was warranted in rejecting it, as they did by the verdict. Her husband raised and harvested the crop, and, without objection from intervener, had it pretty well disposed of for the benefit of himself and his own creditors, other than plaintiff, before the intervener asserted her claim or made any pretense of ownership. The resulting verdict against her was therefore justified, and, having been confirmed by the denial of the motion for a new trial, cannot be interfered with here.

Order affirmed.  