Boone v. . Darden
Supreme Court of North Carolina
Civil ACTION, tried before Connor, J, at the Spring Term, 1891, of the Superior Court of NORTHAMPTON County. The plaintiff alleged, in substance, that he rented a plantation, described in the complaint, to John Drake for the year 1889, for which Drake was to pay $600 rent; that said Drake raised upon the said plantation peanuts and other crops; that the rent was due and unpaid, and that the defendant Drake had removed the peanuts produced on the said plantation and placed…
Read the full summary
Civil ACTION, tried before Connor, J, at the Spring Term, 1891, of the Superior Court of NORTHAMPTON County. The plaintiff alleged, in substance, that he rented a plantation, described in the complaint, to John Drake for the year 1889, for which Drake was to pay $600 rent; that said Drake raised upon the said plantation peanuts and other crops; that the rent was due and unpaid, and that the defendant Drake had removed the peanuts produced on the said plantation and placed them in the hands of the defendant Dar-den for shipment, and he demands possession of said peanuts, or their value, if…
1Opinion of the Court
Davis, J.:
It is insisted for the defendant that there were more than one hundred and fifty bags of peanuts in the possession of the defendant, and “ the interest of the plaintiff is not properly described so that the officer can measure it out to him.”
By the provisions of The Code, § 1754, the entire crop of peanuts raised on the land of the plaintiff (landlord) was vested in possession of the lessor until the rent for the land was paid. This is conceded, but the defendant insists that the plaintiff has no lien on any specific number of bags.
We are unable to see how, if the plaintiff had a…
2Cases cited3 opinions
- Blakely v. . PatrickSupreme Court of North Carolina · 1872
- Low v. MartinIllinois Supreme Court · 1857
- McDaniel v. . AllenSupreme Court of North Carolina · 1888
3Cited by2 opinions
- Batts v. . SullivanSupreme Court of North Carolina · 1921
- W. C. Kiser & Co. v. BlantonSupreme Court of North Carolina · 1898