delivered the opinion of the court.

The opinion heretofore promulgated is withdrawn, and the following opinion substituted therefor:

This is an appeal from a judgment in favor of plaintiff, submitted on the record in cause numbered 6,150, Kester v. Amon, ante, p. 1, 261 Pac. 288. The only . difference between the two eases is that this action was brought by Bakken to recover from Kester the value of wheat grown upon the land purchased by Kester, and severed before Kester secured possession, but not removed from the land.

On the authority of Kester v. Amon, above, the judgment is affirmed.

dissenting:

We dissent. Our reasons for not agreeing with the conclusion reached in this case are fully set forth in the companion case of Kester v. Amon et al., ante, p. 1, 261 Pac. 288.