Smith v. . Tindall
Supreme Court of North Carolina
This was a civil action, tried at Spring Term, 1890, of Greene Superior Court, before Boykin, J. The following is a copy of the material part of the case settled on appeal: “ The plaintiff claimed to be the owner of the property in controversy, which was a crop, as landlord of the defendant, for rents due from the defendant, and for advances made by plaintiff to enable him to cultivate the land which he had rented from the plaintiff, and on which the property in controversy…
Read the full summary
This was a civil action, tried at Spring Term, 1890, of Greene Superior Court, before Boykin, J. The following is a copy of the material part of the case settled on appeal: “ The plaintiff claimed to be the owner of the property in controversy, which was a crop, as landlord of the defendant, for rents due from the defendant, and for advances made by plaintiff to enable him to cultivate the land which he had rented from the plaintiff, and on which the property in controversy was raised. The defendant claimed that the plaintiff was the owner, and entitled to the possession of the same. Under…
1Opinion of the CourtMerbimoN, C. J.
after stating the facts: The crop in question was vested in possession of the plaintiff as landlord, and he had a paramount lien thereon until the rents and the money due to him for advancements made by him to the defendant to make the crop, were discharged. The statute- (The Code, § 1754) so expressly provides. So far as appears, the lease was indefinite as to the time of its termination, and no particular time was specified therein when the crop should be divided, or when the plaintiff might enforce his lien. In such case, the lease terminates when, within a reasonable time, the crop shall…
2Cases cited1 opinion
- Jordan v. . BryanSupreme Court of North Carolina · 1889
3Cited by4 opinions
- Batts v. . SullivanSupreme Court of North Carolina · 1921
- Rich v. . HobsonSupreme Court of North Carolina · 1893
- Perry v. . BraggSupreme Court of North Carolina · 1892
- Depew v. KetchumNew York Supreme Court · 1894