State v. Smith
Supreme Court of North Carolina
CRIMINAL ACTION for removing crop, tried at Fall Term,. 1889, of Harnett Superior Court, Armfield, J., presiding. The indictment charges that the defendant, “in the county of,” &c., “ on the first day of,” &c., “ did, by a certain agreement, rent from one H. C. Avera certain land there situate, for agricultural purposes, and during the term of his said renting did raise certain crops on said land; and that the said J. D. Smith afterwards, to-wit, on the 27th day of November,…
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CRIMINAL ACTION for removing crop, tried at Fall Term,. 1889, of Harnett Superior Court, Armfield, J., presiding. The indictment charges that the defendant, “in the county of,” &c., “ on the first day of,” &c., “ did, by a certain agreement, rent from one H. C. Avera certain land there situate, for agricultural purposes, and during the term of his said renting did raise certain crops on said land; and that the said J. D. Smith afterwards, to-wit, on the 27th day of November, A. D. 1888, in said county, unlawfully and wil-fully did remove from said land a part of the crop of cotton and fifty…
1Opinion of the Court
Mekrimox, C. ,T.:
The statute (The Code. § 1754) provides that, “ when lands shall be rented or leased by agreement, written or oral, for agricultural purposes, or shall be cultivated by a cropper, unless otherwise agreed between the parties to the lease or agreement, any and all crops raised on said lands shall be deemed and held to be vested in possession of the lessor or his assigns at all times, until the rents for said lauds shall be paid, and until all the stipulations contained in the lease or agreement shall be performed, or damages in lieu thereof shall be paid to the lessor or his…
2Cases cited5 opinions
- State v. . WalkerSupreme Court of North Carolina · 1882
- State v. . MerrittSupreme Court of North Carolina · 1883
- State v. . PowellSupreme Court of North Carolina · 1886
- State v. . PenderSupreme Court of North Carolina · 1880
- State v. . RoseSupreme Court of North Carolina · 1884