Carr v. . Carr

180 S.E. 82, 208 N.C. 246, 1935 N.C. LEXIS 379

• Court: Supreme Court of North Carolina
• Decided: May 22, 1935
• Status: Published

Opinion

Bkogden, J.

Does C. S., 54, control the title to crops not planted at the time of the death of the testator or devisor ?

The plaintiff, as the widow of the testator, became the owner of the land on 10 January, 1934. At that time no crops were planted. It is not necessary to debate the question as to when a crop is a crop. Manifestly, in the forum of common sense, it could not be a crop until the seed were in the soil. The statute uses the expression, “crops . . . remaining ungathered at his death,” etc. An ungathered crop is certainly not an unplanted crop, and the court is of the opinion that the statute has no application to the cause of action set out in the complaint, and, therefore, the ruling of the trial judge was correct.

Affirmed.