Haywood v. . Rogers
Supreme Court of North Carolina
Civil actioN tried before Henry, J., at January (Special) Term 1875, Wake Superior Court. The plaintiff alleged : that on or about the first day of January, 1871, he agreed with the defendant, that defendant might tend so much of plaintiff’s land as he could cultivate with one horse, during the year 1871. That he was to pay as rent for the same two bales of cotton to be paid out of the first picking.
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Civil actioN tried before Henry, J., at January (Special) Term 1875, Wake Superior Court. The plaintiff alleged : that on or about the first day of January, 1871, he agreed with the defendant, that defendant might tend so much of plaintiff’s land as he could cultivate with one horse, during the year 1871. That he was to pay as rent for the same two bales of cotton to be paid out of the first picking. No part of the crop was to be the property of the defendant until the rent was paid. The defendant raised upon said land, more than two bales of cotton ; but took possession of the same and…
1Opinion of the CourtPba.esoN, C. J.
The legal effect of a lease for years, is to vest the ownership of the land in the tenant during the term, leaving a reversion in the landlord. This has been settled law ever since the days of Chief Justice Rolle, when it was considered that the plaintiff in an action of ejectment should have a writ of possession. The tenant is entitled to estovers, house bote, cart bote, &e., and the crop belongs to him.
The landlord has no right to put his foot upon the land during the term, and has no more right to interfere with the crops than a mere stranger. Dean v. Rice, 4 Dev. Bat. 431.
The demurer…
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