Bray v. . Carter

20 S.E. 164, 115 N.C. 16

Opinion

Shepherd, C. J.:

This is an action in the nature of replevin to recover a crop of corn cultivated on the land of the feme defendant. The plaintiff claims under a chattel mortgage executed by her husband, but there is no evidence tending to show that she knew of or assented to the execution of the said mortgage, or that she bad leased her land to her husband, or had given him any proprietary use or interest in the same. The case is, therefore, clearly within the principles laid down in Wells v. Batts, 112 N. C., 283, and Branch v. Ward, 114 N. C., 148, and it was error in holding that the plaintiff was entitled to recover any part of the crop.

New trial.