Kiplinger v. Green
Supreme Court of Georgia
Replevin. The parties entered into a cropping agreement, on September 15, 1883, by which the landlord was to keep possession of the farm, have full control of it, and direct the planting of the crops; each party was to furnish half the seed, and the plaintiff was to cultivate the farm; the stock of each party was to be cared for by the plaintiff, and to be fed from that proportion of the crops which belonged to the owners; and the plaintiff and defendant were to each have…
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Replevin. The parties entered into a cropping agreement, on September 15, 1883, by which the landlord was to keep possession of the farm, have full control of it, and direct the planting of the crops; each party was to furnish half the seed, and the plaintiff was to cultivate the farm; the stock of each party was to be cared for by the plaintiff, and to be fed from that proportion of the crops which belonged to the owners; and the plaintiff and defendant were to each have one half of the crops. Under this agreement the plaintiff moved on the farm on October 28, 1883, and the following summer…
1Opinion of the CourtMorse, J.
In the law applicable to the facts in this casé, what was -the particular name or nature of the plaintiffs holding under this agreement. His rights must be gathered from the contract, and considered in relation to its terms. Whether it may be called a lease or a mere cropping agreement, its construction and its effect, as far as the plaintiff’s claim to this crop of wheat is concerned, must be the same. He went upon the farm and put in the wheat under and by virtue of this instrument, and whatever rights he can legally claim must accrue, from and rest upon its provisions; and his counsel upon…
2Cases cited1 opinion
- Carpenter v. JonesIllinois Supreme Court · 1872