Shearin v. . Riggsbee
Supreme Court of North Carolina
Civil action, tried before Connor, Judge, at February Civil Term, 1886, of Wake Superior Court. During the 3rear 1884 the plaintiff cultivated land belonging to the defendant, under an agreement for an equal partition of the crops of wheat, corn and tobacco grown on the cleared portion, and for the retention of two thirds by the plaintiff, of such as were raised upon the land he might clear and in the same proportion they were to pay for the fertilizers used.
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Civil action, tried before Connor, Judge, at February Civil Term, 1886, of Wake Superior Court. During the 3rear 1884 the plaintiff cultivated land belonging to the defendant, under an agreement for an equal partition of the crops of wheat, corn and tobacco grown on the cleared portion, and for the retention of two thirds by the plaintiff, of such as were raised upon the land he might clear and in the same proportion they were to pay for the fertilizers used. There is no controversy as to much of the contract, but in the answer, the defendant says, that the crop of tobacco, alone involved in…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). The sole question to be determined is, whether upon the facts, the plaintiff’s share of the tobacco has been converted by the defendant to his own use, so that he has become answerable for the loss, whatever care he may have bestowed upon the property in preserving it for the common benefit of both.
Assuming a tenancy in common to exist, and a bona fide controversy between them as to some of its terms preceding the division, and as to the fitness of -the article in its then dry condition to undergo the handling necessary thereto, wast the present…
2Cases cited1 opinion
- Powell v. . HillSupreme Court of North Carolina · 1870
3Cited by10 opinions
- Doyle v. . BushSupreme Court of North Carolina · 1915
- Barham v. . PerrySupreme Court of North Carolina · 1933
- Parker v. Brown.Supreme Court of North Carolina · 1904
- Waller v. BowlingSupreme Court of North Carolina · 1891
- Dubose v. HarpeSupreme Court of North Carolina · 1954
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