Legal Opinion

State v. . Burwell and Others

Supreme Court of North Carolina

Decided June 5, 1869PublishedCited by 3 opinions

Assault and Battery, tried before Watts, J., at Granville, Spring Term 1869. On tbe part of the State, one Boyd, the prosecutor, testified .that in 1867 he rented a piece of land from the defendant Burwell for the purpose of raising a crop of wheat; that the “bargain” was that Burwell was to furnish a certain quantity, of guano, and seed wheat, and the land; that he (Boyd) was to sow, reap and gather the wheat, and that out of the crop Burwell was first to have the value in…

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Assault and Battery, tried before Watts, J., at Granville, Spring Term 1869. On tbe part of the State, one Boyd, the prosecutor, testified .that in 1867 he rented a piece of land from the defendant Burwell for the purpose of raising a crop of wheat; that the “bargain” was that Burwell was to furnish a certain quantity, of guano, and seed wheat, and the land; that he (Boyd) was to sow, reap and gather the wheat, and that out of the crop Burwell was first to have the value in wheat, of the guano and seed furnished by him, and the remainder was to be divided .between them in the proportions…

1Opinion of the CourtSettle, J.

The defendant furnished the land, the wheat and the guano, and the prosecutor, Boyd, testified upon the trial that the defendant “was to first take out of the crop raised in. the field, the value of his advancements in guano and wheat, if it took all the crop.” What remained after paying for these advancements, was to be divided in a certain proportion between the defendant and the prosecutor.

There is a marked distinction between a lessee and a cropper. Denton v. Strickland, 3 Jon. 61, Lewis v. Wilkins, Phil. Eq. 303. This contract clearly makes the prosecutor a mere cropper, and the…

2Cited by3 opinions

  1. State v. . AustinSupreme Court of North Carolina · 1898
  2. Haskins v. . RoysterSupreme Court of North Carolina · 1874
  3. Neal v. . BellamySupreme Court of North Carolina · 1875

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