Legal Opinion

Cubbage v. Clements

Superior Court of Delaware

Decided May 28, 1940Published

1Opinion of the Court

Rodney, J.,

delivering the opinion of the Court:

It is the almost uniform current of the law that growing wheat, like all other annual crops which are raised by yearly manurance and labor and essentially owe their annual existence to cultivation by man, is subject to execution. These are usually called “fructus industriales” as distinguished from “fructus naturales” like trees and their fruit, which do not owe their existence to annual manurance and labor. Most of the authorities are collected in annotations in 103 A. L. R. 464 and 23 L. R. A. 258. See also 1 Freeman on Executions, Sec. 113; 23…

2Cases cited3 opinions

  1. Long v. SeaversSupreme Court of Pennsylvania · 1884
  2. Ellison v. DolbeySuperior Court of Delaware · 1900
  3. Cochran v. ClementsSuperior Court of Delaware · 1936

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