Kitchens v. Brassell

(After stating the foregoing facts.) A patch' of-ground, whether described as a melon patch, a strawberry patch, or any other sort of patch, is necessarily realty; but an únmatured crop growing thereon, — as an unmatured melon crop, — is, under the provisions of the act approved August 21, 1922 (Ga. L. 1922, p. 114), personalty. It therefore follows that damage to an unmatured melon crop growing upon a melon patch is a damage to personalty, and a suit to recover for damage to such crop, whether it is a suit ex contractu for the value of the crop, or portion thereof taken and converted, or is…