Padgett v. State
Supreme Court of Georgia
. Landlord and tenant. Contracts. Croppers. Before . Judge Powell. City court of Newnan. April term, 1888. M. A. Padgett was tried intbe city court of Newnan ■ on an indictment for trespass.
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. Landlord and tenant. Contracts. Croppers. Before . Judge Powell. City court of Newnan. April term, 1888. M. A. Padgett was tried intbe city court of Newnan ■ on an indictment for trespass. The evidence for tire : State sliowed as follows: W. J. Wood, in the latter ■ part of 1885, leased certain lands and contracted with ■ defendant to cultivate them for 1886. Wood was to ■ furnish the land and stock, defendant to make the crop, and they were to “ go halves” in every thing made. Wood was to have control of the entire crop, and the title to it was to be in him until he was paid for all…
1Opinion of the Court
Bleckley, Chief Justice.
In deciding this case, we take the facts most strongly in favor of the prosecution. We regard the relation of landlord and cropper, rather than that of landlord and tenant, as established, but we entertain no doubt that section 4440 of the code does not apply. In declaring what acts shall be deemed to be trespass and indictable, that section enumerates the following, among others: “ The taking and carrying away . . . any . . . cotton . . . from the land ... of another without the consent of the owner.” Here, though the title and control of the cotton were in the…
2Cited by2 opinions
- Lane v. StateSupreme Court of Georgia · 1901
- Gilreath v. StateSupreme Court of Georgia · 1895