Atlanta Trust Co. v. Oliver-McDonald Co.

1. Where there has been no division of the crop between the landlord and the cropper and where the cropper’s portion of the crop has not been set aside, and thus the cropper has not received his part of the crop, no title to the crop passes into him, although he may have settled with the landlord for all advances made. Civil Code (1910), § 3705; DeLoach v. Delk, 119 Ga. 884 (47 S. E. 204); Harley v. Davis, 7 Ga. App. 386 (66 S. E. 1102). It follows, therefore, that where the crop is purchased from the landlord under an agreement with him that out of the purchase-money paid to him he is to…