Webb v. Arrington

This appeal involves a distinction as old as the annals of husbandry, the difference between “fructus naturales” and “fructus industriales,” the dispute involving sod.

In March of 1963, Harry Webb died intestate and his 140 acre farm passed to his children and his widow as survivors. The widow deeded her interest to the children, Riggs T. Webb (appellants’ testator) and Mrs. Margaret W. Arrington (an appellee), so that each child thereafter held an undivided one-half interest in the farm as tenant in common.

Mr. Webb had maintained the farm for his father since 1947, and desired to remain on…