Brown v. . Brown
Supreme Court of North Carolina
Civil action, in which there was a claim and delivery, tried before Boykin, J, at the August Term, 1891, of DupliN Superior Court. It was admitted that defendant cultivated for agricultural purposes, lands of plaintiffs in the year 1890, under and by virtue of the following contract, viz: “That plaintiffs would furnish land and team, and defendant perform the labor and divide the crops raised equally between them.”
Read the full summary
Civil action, in which there was a claim and delivery, tried before Boykin, J, at the August Term, 1891, of DupliN Superior Court. It was admitted that defendant cultivated for agricultural purposes, lands of plaintiffs in the year 1890, under and by virtue of the following contract, viz: “That plaintiffs would furnish land and team, and defendant perform the labor and divide the crops raised equally between them.” It was further admitted that the property in controversy was defendant’s part of crop raised during 1890. The plaintiffs alleged that defendant was indebted to them for…
1Opinion of the Court
MekrimoN, C. J.:
The statute (The Code, 1754) prescribes, that “When lands shall be rented or leased by agreement, written or oral, for agricultural purposes, or shall be cultivated by a cropper, unless otherwise agreed between the parties to the lease or agreement, any and all crops raised on said lands shall be deemed and held to be vested in possession of the lessor or his assigns, at all times, until the rent for said lands shall be paid, and until all the stipulations contained in the lease or agreement shall be performed, or damages in lieu thereof shall be paid to the lessor or his…
2Cases cited2 opinions
- Womble v. . LeachSupreme Court of North Carolina · 1880
- Ledbetter v. . QuickSupreme Court of North Carolina · 1884
3Cited by4 opinions
- Callahan v. PeltierSupreme Court of Connecticut · 1936
- B. W. Ballard & Co. v. JohnsonSupreme Court of North Carolina · 1894
- Earl v. MaloneSupreme Court of Arkansas · 1906
- Windsor Bargain House v. WatsonSupreme Court of North Carolina · 1908