Marshall v. Avera

(After stating the foregoing facts.)

Is the evidence sufficient to authorize the inference that the relationship between the parties was that of landlord and tenant, or does it conclusively establish the relationship of landlord and cropper? If the defendant was a cropper and not a tenant, the *80suit being upon a distress warrant for rent, the plaintiff was properly nonsuited; but if the defendant was a tenant the nonsuit was improperly awarded, A contract by which the owner of land is to receive a certain proportionate part of the crop raised on tlie land by another person is not necessarily as…