Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1913-07-25
Popular Talks on Law
THE LAW OF GROWING CROPS
By Walter k Towers. A b, J. D. of the Michigan Bar

bushes and grasses. Crops, on the
other hand, that result from annual
planting, fertalizing and cultivation.
are regarded as different. The form
er are trUctes naturales and are view /
ed as real property at all times. The |
latter are .trUctes mdustraiieS. or en-
Elements, and while realty so that |
they pass with the land when title il
transferred, they are viewed as per-
sonal property in regard TO matters
of sale, levy, etc. 1t is to be borne
in mind that the former class, fructes
ndtTaieS, become personal property
as soon as they are detached from
the realty by cutting or harvesting.
Emblements, the animal, cultivated
crops being regarded as personal
property for purposes of sale, may
be transferred by oral sale as they
stand in the fields, while writing is
generally required in the transfer of
f'Hctes naturaieS.i
One who wrongfully or carelessly
damages the growing crop of anoth-
er is legally liable to make good Sthe
loss in damages. The owner of the
growing crop may always vindicate
his right that it is not injured. If
the crop be totally destroyed the
ages are the value of the crop at the
Tim and place it was des-
troyed. Partial damage is estimat-
ed upon the same basis. The owner
of the crop may not take as the
measure of damages what he ex-
pected to get for tho crop when it
was all ripe and harvested. The law
doesn't encourage counting ones
chickens before they are Matched.
Neither may the wrongdoer escape
by paying merely the cost fexpended
upon the crop to the time of injury.
The evidence of those familiar with
crops and conditions is secured and
the damage based on the value of
the crop at the time and place it was
injured--hoW much the owner could
have sold it for as it stood at that
time.
LIany disputes arise between land
lord and tenant about crops. If a
tenant pays a cash rent for the land
upon which he grows his crops and
plants only crops which mature be-
fore his term ards-no difficulty oc-
currs. The tenant owns the crops
produced. But if tenant for def
mite term plants crops which mature
, after the end of that term, he is gen.
orally not entitled to return after
3 the end of his term and claim the
!, crop, though few states have a diff
ferent rule. Generally!if the term
is uncertain as to time the tenant
! cam w that dny crop will ripen
before the term may be terminated
and he is allowed to secure all crops
which have been planted, returning
to care for them after the term shall
have been Unexpectedly ended. The
statutes of some states give to the
g landlord lien on the crops of his
j tenant for the rent due.
One who occupies and farms the
farm of another upon the shares be
] comes his tenant and the crops pro
duced are their common property. II
i no fixed time has been set for divid
ing the shares division is due wher
the crop is harvested. In the case
of a season cropper who simply
comes upon the acreage to cultivate
it, not living upon the premises Oh
: occupying them, the crops are at all
| times the property of the landlord
and the cropper has no transferable
{ interest in them until the landlord s
claims have been satisfied. q <
Copyright, 1918, By Water K. 7'ower s.