Brittain v. . McKay
Supreme Court of North Carolina
This ■was an action of Trespass, tried at the Fall Term,-1840, of Macon Superior Court of Law, before Bailey,Judge. The declaration was for a trespass by the defendant on the personal property of the plaintiff'. The facts were these: The plaintiff claimed under a sale by execution of the' standing crop- of corn, which had beea raised by the def-Bates on his own-land. The sale was regular and ^le Pontiff was the purchaser.
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This ■was an action of Trespass, tried at the Fall Term,-1840, of Macon Superior Court of Law, before Bailey,Judge. The declaration was for a trespass by the defendant on the personal property of the plaintiff'. The facts were these: The plaintiff claimed under a sale by execution of the' standing crop- of corn, which had beea raised by the def-Bates on his own-land. The sale was regular and ^le Pontiff was the purchaser. The sale was made on the 14th of September, 1837. It was proved that the defendant gates pulled down the corn soon thereafter,, and swore the plaintiff should never take it,…
1Opinion of the Court
Gaston, Judge.
As the law authorises an execution to be levied upon a growing crop as a chattel, it must afford the purchaser a remedy against all, who unlawlully disturb him in the enjoyment of it. What that remedy should be, seems to have occasioned some perplexity with the courts. In New York, it appears to be fully settled that the vendee of a growing crop acquires such an exclusive right to the possession of the land, whereon it grows, as to make that land his close, until the crop can be gathered and removed, and that therefore he may maintain trespass quare clausum fregit against any…
2Cases cited1 opinion
- Stewart v. DoughtyNew York Supreme Court · 1812
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