Thigpen v. . Leigh
Supreme Court of North Carolina
Agricultural Liens — Contract—Cropper—Landlord and Tenant. The ACTION was originally begun before a Justice of the Peace, and brought by appeal to the Superior Court of Edge-combe county, where it was tried before Gudger, Judge, at Fall Term, 1884. It was in evidence that one Van Riddick, a cropper on the lands of the defendant, made an agricultural lien to one E. L. Thigpen, in January, 1882; aud in May following said Thigpen made an assignment to J. R. Thigpen as trustee.
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Agricultural Liens — Contract—Cropper—Landlord and Tenant. The ACTION was originally begun before a Justice of the Peace, and brought by appeal to the Superior Court of Edge-combe county, where it was tried before Gudger, Judge, at Fall Term, 1884. It was in evidence that one Van Riddick, a cropper on the lands of the defendant, made an agricultural lien to one E. L. Thigpen, in January, 1882; aud in May following said Thigpen made an assignment to J. R. Thigpen as trustee. That in the trial had, in the Superior Court, it was in evidence that about the 10th of June of the same year, Riddick,…
1Opinion of the Court
Ashe, J.,
(after stating the case). We think that the plaintiff had no right to this balance. We are unable to find any authority in point, aud the learned counsel who appeared before us for the defendant, expressed their inability to find any. We are therefore compelled to decide the case upon general principles of law and justice.
We start ont with the proposition that Riddick, the cropper of the defendant, having abandoned the crop in violation of his contract, was without remedy against the defendant. For “ where there is an entire contract, and the plaintiff has performed a part of it, and…
2Cases cited1 opinion
- Dail Bro. v. . FreemanSupreme Court of North Carolina · 1885
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