Parks v. Langley
Court of Appeals of Georgia
Trover; from city court of Tifton — Judge E. Eve. September 8, 1916. Parks brought trover against Langley for certain corn, pork, cottonseed, hay, and fodder, raised by the defendant on the plaintiff’s land. The defendant contended that the title to the property sued for was not in the plaintiff, but in himself; that, under the contract between them, he was a tenant, and not a cropper. The plaintiff was nonsuited, and excepted to that judgment.
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Trover; from city court of Tifton — Judge E. Eve. September 8, 1916. Parks brought trover against Langley for certain corn, pork, cottonseed, hay, and fodder, raised by the defendant on the plaintiff’s land. The defendant contended that the title to the property sued for was not in the plaintiff, but in himself; that, under the contract between them, he was a tenant, and not a cropper. The plaintiff was nonsuited, and excepted to that judgment. As to the contract and the relation between himself and the defendant, the plaintiff (the only witness introduced at the trial) testified: “I rented a…
1Opinion of the CourtWade, J.
1. The statute itself fixes the test by which it must be determined whether the relation of landlord and tenant .or landlord and cropper exists under the terms of a contract between an owner of land and one who cultivates it under a contract with the owner. “Where one is employed to work for part of the crop, the relation of landlord and tenant does not arise. The title to the crop, subject to the interest of the cropper therein, and the possession of the land remain in the owner.” Civil Code, § 3707. The title remains in the landlord until actual settlement. DeLoach v. Delk, 119 Ga. 884 (47…
2Cases cited8 opinions
- McElmurray v. TurnerSupreme Court of Georgia · 1890
- Deloach v. DelkSupreme Court of Georgia · 1904
- McAndrew v. Irish-American BankSupreme Court of Georgia · 1903
- Padgett v. FordSupreme Court of Georgia · 1903
- Almand v. Scott & Co.Supreme Court of Georgia · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cullars v. StateCourt of Appeals of Georgia · 1922