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Joel Carr and his father George owned a parcel of land in Lincoln County. It was rented to Deking for one-third of the annual crop with the Carrs paying for one-third of the fertilizer used. In 1987, Joel told Deking that he wanted cash for the rent instead of the participation. In February 1987, Deking went around Joel to George and got a written lease for ten years. Joel neither consented to the lease nor ratified the lease. In April 1987, Joel gave notice to Deking that his tenancy would terminate at the end of the 1987 crop. Deking stated he would retain possession pursuant to the lease contract. Joel (P) filed for ejectment.

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