Gordon v. . Armstrong
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Surry County, at the Spring Term, 1845, his Honor Judge Bailey presiding. This is an action of trover for a parcel of corn, in which a verdict was found for the plaintiff, subject to the opinion of the court on the following facts.
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Appeal from the Superior Court of Law of Surry County, at the Spring Term, 1845, his Honor Judge Bailey presiding. This is an action of trover for a parcel of corn, in which a verdict was found for the plaintiff, subject to the opinion of the court on the following facts. On the 1st of January, in the year 1840, Iredell Armstrong was seized in fee of a tract of land, which he then leased to one Levi Fisher for one year, at a rent of one-third of the corn and oats, that should be made on the land during the year. At that time one Peter Simmons had a judgment in the County Court of Surry,…
1Opinion of the CourtRtjffin, C. J.
Without considering what interest a purchaser of the lessor’s reversion at Sheriffs sale could acquire in this rent, or whether, if he got any, he could act on it before he toojj a ¿ee(j from Sheriff, the Court is of opinion, that this action must fail, for the want of property in the plaintiff. The case of Deaver v. Rice, 4 Dev. & Bat. 431, is decisive upon the question. The estate in the land during the term was in the lessee, and the property of the crop growing on it was therefore exclusively in him. The contract on his part to pay the landlord one-third of the crop, as the rent, was…
2Cited by1 opinion
- Deaver v. . RiceSupreme Court of North Carolina · 1838