Jarrell v. . Daniel
Supreme Court of North Carolina
This was a civil action for claim and delivery, tried before Brown, J., and a jury, on an appeal from a Justice of the Peace, at July Term, 1893, of GkaNVILLjc Superior Court. S. J. Jarrell, the plaintiff, introduced as a witness in his own behalf, testified that he rented a tract of land from Mrs. Gooch for the year 1892; that lie sublet it to the defendant, who was to pay one-half the crops.
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This was a civil action for claim and delivery, tried before Brown, J., and a jury, on an appeal from a Justice of the Peace, at July Term, 1893, of GkaNVILLjc Superior Court. S. J. Jarrell, the plaintiff, introduced as a witness in his own behalf, testified that he rented a tract of land from Mrs. Gooch for the year 1892; that lie sublet it to the defendant, who was to pay one-half the crops. Plaintiff was to furnish the seed wheat and oats and other seed, a horse and feed for him, and one hand to help plant and cut tobacco. Defendant was to furnish all the labor. All crops were to be…
1Opinion of the Court
Glare, J.:
The plaintiff, having sublet to the defendant, became lessor to his sublessee and entitled to the same lien on his crop which the statute gives to a lessor. Moore v. Faison, 97 N. C., 322. Had there been an absolute division of the crop as in Jordan v. Bryan, 103 N. C., 59, the plaintiff would have lost his lien. Such was not the case here. The plaintiff, it is true, took the part of the crop to which be was unquestionably entitled; but as to the balance be did not relinquish his lien. He and the defendant, by means of a common agent, designated and set apart the share the defendant…
2Cases cited2 opinions
- Jordan v. . BryanSupreme Court of North Carolina · 1889
- Moore v. . FaisonSupreme Court of North Carolina · 1887