The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1891-09-22
SERIES OF POPULAR TALK ON
LAW.
BY Vim. c. Sprague, Esq.
CROP LAW.


Crops are that which is cropped, cut,
or Gathered; the valuable part of what
IS planted in the earth, as fruit of
harvest.
In the eve of the law crops are
divided into three classes-away-gOlng
crops. growing crops, and outstanding
crops. The first are crops sown by a
tenant. whose lease will expire and
who will go away before harvest time,
in which case he is not entitled to the
same. This would appear to be just,
since the tenant must know that he
cannot be there to reap the benefit of
his sowing; but if his estate depends on
an uncertainty as the life of some one,
or an act of God, it is otherwise. Now,
generally. if a lease ends in the spring,
the tenant is allowed the crop Of winter
grain sown in the autumn before, and
the straw is a part of the crop. 1t is
said that crops raised by a tenant who
enters subsequently to a mortgage pass
to a purchaser at foreclosure sale, I'M
less gathered before the sale. If a
tenant at will is turned out by his
landlord he can reap what he has
SOwn, or, as the law says, take his
embIements. If one who IS a tenant
for life dies before harvest his eXecu-
tors have the right to take the emble-
ments. The second are any annual
crops growing or maturing, raised by
cultivation, az corn or potatoes, but
not the fruit of an uncultlvated or
chard. The third are crops in the field
not gathered and housed, without
regard to it's state, 1t is "Outstand-
ing" from the day it commences to
grow until gathered and taken away.
In some States grOlCing crops are
regarded as personality, and levlable
with right to harvest it; in few States,
however, the courts hold them to be
reality. Growing crops planted by the
owner of the soil constitute a part OF
the reality, and a sale of the land
carries the property in the crop to
the purchaser; and this is so nOtwlth-
standing an oral reservation thereof
by the grantOr. But, an annual crop
planted bv the owner of the soil, if
mature. and to be gathered immedi-
atelv, may be sold by him as person
alitv, for personality it will become
when served from the land; and the
fact that it is still growing and m
mature has been held to make no
difference. The lien of a mortgage OF
a growing crop continues on the crop
even after severance, whether remain
ing IN its original state are converted
into anOtl er product, 50 long as the
same remains on the land of the mort
gagor; and such lien is not lost by a
tortous removal by a person having
even constructive notice of the lien,
and the mortgage maintain an action
for the conversion.
Whether a contract for the sale of a
growing crop is for AN interest in or
concerning lands" and required to be
in writing under the Statute of Frauds,
seems to be answered in conformity
with the intention of the parties. And
so as to growing grass, growing trees,
and fruits: although, according to some
cases, cultivated crops only are to be
considered as chattles, while the spon-
taneous growth of the land remains a
part of it, at least, until ripe and ready
for removal, Whenever the parties
connect the land and it's growth to-
gether, the growth comes within the
tatute