Rich v. . Hobson
Supreme Court of North Carolina
Civil actiox, with claim and delivery proceedings, tried before Bryan, /., and a jury, at Spring Term, 1892, Frakk-lix Superior Court. The action was commenced on the 16th day of October, 1891, and claim and delivery proceedings taken out the same day, under which the crops were seized by the Sheriff for the plaintiff the same day, but the defendant gave the undertaking and retained the crop.
Read the full summary
Civil actiox, with claim and delivery proceedings, tried before Bryan, /., and a jury, at Spring Term, 1892, Frakk-lix Superior Court. The action was commenced on the 16th day of October, 1891, and claim and delivery proceedings taken out the same day, under which the crops were seized by the Sheriff for the plaintiff the same day, but the defendant gave the undertaking and retained the crop. No demand was made by the plaintiff upon the defendant for the crop, or any part thereof, or the payment of his account before the action was commenced. The crop was being gathered by the' defendant at…
1Opinion of the Court
Bun well, J.:
The answer of the defendant expressly denied that the crop, for the possession of which this action is brought, was vested in the plaintjff. This denial avoided the necessitjr for any demand before the commencement of the action. Under the provisions of section 1754 of The Code a tenant holds the actual possession of a crop for and in behalf of the landlord in whom it is " deemed and held to be vested in possession” until all rents and advancements are paid. Hence, such being the relation of the parties, the denial by defendant of his landlord’s title to the crop, as in cases…
2Cases cited4 opinions
- Wiley v. . LoganSupreme Court of North Carolina · 1886
- Waddell v. . SwannSupreme Court of North Carolina · 1884
- Smith v. . TindallSupreme Court of North Carolina · 1890
- Livingston v. . FarishSupreme Court of North Carolina · 1883
3Cited by3 opinions
- Heath, Morrow & Co. v. MorganSupreme Court of North Carolina · 1895
- Depew v. KetchumNew York Supreme Court · 1894
- Jerome v. . SetzerSupreme Court of North Carolina · 1918