Legal Opinion

Batts v. . Sullivan

Supreme Court of North Carolina

Decided October 12, 1921PublishedCited by 20 opinions

Appeal by plaintiff from Bond, J., at February Term, 1921, of LENOIR. Civil action brought by plaintiff, the landlord, against defendant, tenant upon her farm, to recover for certain advancements made during the year 1919. The single point presented on this appeal grows out of a dispute as to what disposition, or division, if any, should be made between the landlord and tenant of the proceeds of a fire insurance policy taken out by the tenant to iirotect his interest in the…

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Appeal by plaintiff from Bond, J., at February Term, 1921, of LENOIR. Civil action brought by plaintiff, the landlord, against defendant, tenant upon her farm, to recover for certain advancements made during the year 1919. The single point presented on this appeal grows out of a dispute as to what disposition, or division, if any, should be made between the landlord and tenant of the proceeds of a fire insurance policy taken out by the tenant to iirotect his interest in the tobacco crop while stored in the plaintiff's pack-house. The tobaccq in question had been raised by the defendant as…

1Opinion of the CourtStacy, J.

It will be observed at the outset that the controversy here presented is between the landlord and the tenant, and the validity of the insurance policy is in nowise involved. This has been paid and the insurance company is not a party to the proceeding. The case arises out of a ’contest over tbe question as to whether the landlord, by virtue of her legal title and interest in the tobacco, is entitled .to any portion of the insurance money.

It is true that under our statute, C. ,S., 2355, the possession and title to all crops, raised by a tenant or cropper, in the absence of a contrary…

2Cases cited16 opinions

  1. Harrison v. FortlageSupreme Court of the United States · 1896
  2. Grabbs v. Farmers' Mutual Fire InsuranceSupreme Court of North Carolina · 1899
  3. Gerringer v. North Carolina Home InsuranceSupreme Court of North Carolina · 1903
  4. Insurance Co. v. StinsonSupreme Court of the United States · 1881
  5. Eastern Railroad v. Relief Firf InsuranceMassachusetts Supreme Judicial Court · 1868

11 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Federal Land Bank of Columbia v. Atlas Assurance Co.Supreme Court of North Carolina · 1924
  2. Rigsbee v. . BrogdenSupreme Court of North Carolina · 1936
  3. Rhode Island Hospital Trust Co. v. DoughtonSupreme Court of North Carolina · 1924
  4. Houck v. American Eagle Fire InsuranceSupreme Court of North Carolina · 1930
  5. King v. National Union Fire Insurance CompanySupreme Court of North Carolina · 1963

15 more not listed; retrieve them via the Exa API.

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