Carswell v. Smith

1. This is an action brought by a cropper against his landlord, for a stated sum of money alleged to be the value of the plaintiff’s share of the crops raised by him in a given year, after payment for all advances made to him by the defendant during that year to aid in making them, which specific sum of money the petition alleges the defendant, “without lawful warrant or authority, . . has taken . . and has applied . . to the uses and benefits of him the said [defendant], . . to the damage and hurt of” the plaintiff in the sum stated, “or other large sum.” The prayer, other than for process,…