Usry v. Rainwater
Supreme Court of Georgia
Possessory Warrant. Partnership. Before Judge Andrews. Warren Superior Court. April Term, 1869. Rainwater sought to recover seventy-five bushels of corn from Usry, by possessory warrant.
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Possessory Warrant. Partnership. Before Judge Andrews. Warren Superior Court. April Term, 1869. Rainwater sought to recover seventy-five bushels of corn from Usry, by possessory warrant. On the trial before the Judge of the County-Court, Rainwater testified that he and Usry farmed together, in 1867, each paying half the expenses and taking half of the crop; they gathered the corn, shucked it, and divided it, putting half into one crib and half into another, and each took possession of one crib and its cpntents. Both cribs were on Usry’s land; and he testified that when the corn was so divided…
1Opinion of the CourtMcCay, J.
Nothing is more common among “ croppers” than to separate the corn as it is gathered, into equal lots, put each lot in a separate crib, and agree that each person at interest shall feed his stock out of a designated crib, of which he keeps the key. In such arrangements there is no intent to divide the crop. It is nothing but a convenient and satisfactory mode, by which to keep an account of what each one uses, since, when the final division is made, the deficiency in each crib is conclusive of the account. The habits of our people, who are very often “out of corn,” even before the crop is…
2Cited by3 opinions
- McDonald v. BaileySupreme Court of Oklahoma · 1910
- Peebles v. MorrisSupreme Court of Georgia · 1887
- Morrow v. YoungCourt of Appeals of Georgia · 1920