Kesler v. . Cornelison

3 S.E. 839, 98 N.C. 383

• Court: Supreme Court of North Carolina
• Decided: September 5, 1887
• Status: Published

Opinion

Davis, J.

The plaintiff acquired no title to the crop by his purchase of the land under execution.

Prior to 1844 growing crops were the subject of levy and sale under execution, as personal property. Since the act of 1844 (The Code, §453), they are not subject to levy till matured, but they are none the less personal property, and upon the death of the owner go to the executor or administrator as personal assets.

In the present case the defendant, as the agent of Louisa Mason, had rented the land to one Parker for the year 1885,. and though by §1754 of The Code, the crops are deemed and held to be vested in possession of the lessor, this is only for the purpose of securing compliance with the stipulations in the lease; and as against every one else the title to the crop is in the lessee or his assigns. The estate in the land during the term of the lease was in him, and there was no levy, and could be no levy, upon the growing crop. The Code, §453; Walston v. Bryan, 64 N. C., 764; Gordon v. Armstrong, 5 Ired., 410; and the title to the crop did not pass by a levy and sale of the land. Walton v. Jordan, 65 N. C., 172; Shannon v. Jones, 12 Ired., 206; Brittain v. McKay, 1 Ired., 265. There is no error.

No error. Affirmed.