State v. . Austin
Supreme Court of North Carolina
Indictment for assault and battery with a deadly weapon upon Henry Keziah, tried before Greene, J., at January Term, 1898, of Union Superior Court. The defendant Austin had employed a son of the prosecutor as a cropper on his wife’s land, but who died before the crop was matured.
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Indictment for assault and battery with a deadly weapon upon Henry Keziah, tried before Greene, J., at January Term, 1898, of Union Superior Court. The defendant Austin had employed a son of the prosecutor as a cropper on his wife’s land, but who died before the crop was matured. After the crop was matured the prosecutor, his daughter, and two other members of his family went upon the land, picked cotton, and were carrying it off when the defendant, an old man aged 82, came with a pair of steelyards to weigh the cotton and forbid them to carry off the cotton, and upon their persisting, he…
1Opinion of the Court
Clark, J.:
In Harrison v. Ricks, 71 N. C., 7, it is said, “a cropper has no estate in the land; that remains in the landlord. Consequently, although he has in some sense the possession of the crop, it is only the possession of a servant and is in law that of the landlord. The landlord must divide off to the cropper his share. In short, he is a laborer receiving pay in a share of the crop. McNeely v. Hart, 32 N. C., 63; Brozier v. Ansley, 33 N. C., 12.” As against a cropper, the landlord always has a right to have possession of the crop. State v. Burwell, 63 N. C., 661. But it has now become…
2Cases cited5 opinions
- Harrison v. . RicksSupreme Court of North Carolina · 1874
- State v. . YanceySupreme Court of North Carolina · 1876
- Brazier v. . AnsleySupreme Court of North Carolina · 1850
- McNeeley v. . HartSupreme Court of North Carolina · 1849
- State v. . Burwell and OthersSupreme Court of North Carolina · 1869
3Cited by4 opinions
- People v. HubbardCalifornia Court of Appeal · 1923
- Batts v. . SullivanSupreme Court of North Carolina · 1921
- Hall v. OdomSupreme Court of North Carolina · 1954
- Curlee v. . ScalesSupreme Court of North Carolina · 1931