Flynt v. . Conrad
Supreme Court of North Carolina
Trover, for corn, tried before his Honor, Fowle, J., at Fall Term, 1866, of Forsyth Superior Court. The facts were that the plaintiff’s testator, on the 23d June, 1865, executed to the defendant a deed in fee for a tract of land on which there was a growing crop of corn. Evidence of various acts and admissions was given to show that the crop had been reserved by the vendor.
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Trover, for corn, tried before his Honor, Fowle, J., at Fall Term, 1866, of Forsyth Superior Court. The facts were that the plaintiff’s testator, on the 23d June, 1865, executed to the defendant a deed in fee for a tract of land on which there was a growing crop of corn. Evidence of various acts and admissions was given to show that the crop had been reserved by the vendor. The defendant was shown to have converted it; and a demand and refusal were also shown. . . The defendant’s counsel asked his Honor to charge that the corn and everything else upon the land passed by the deed, and that…
1Opinion of the CourtPearson, C. J.
We concur in the opinion of his Honor for the reasons given by him.
It is said by the court in Brittain v. McKay, 1 Ire., 265 :• “ The law makes a pointed distinction between those profits which are the spontaneous products of the earth or its permanent fruits, and the corn and other growth of the earth, which are produced annually by labor and industry, and thence are called ‘fructus industriales.’ The latter, for most purposes, are regarded as personal chattels. Upon the deaths of the owner of the land before they are gathered, they go» to his executor and not his heir. Upon the termination…
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