Denton v. Strickland
| Decision Date | 31 December 1855 |
| Citation | 48 N.C. 61,3 Jones 61 |
| Court | North Carolina Supreme Court |
| Parties | EDWIN DENTON v. JACOB STRICKLAND et al. |
A agrees to permit B to cultivate the pine trees where he, A, lives, for a year, (that is, make and save turpentine,) and as a compensation, B is to have one-half of the turpentine, scrape, &c. that he may save; Held, that this is not a lease of the land, or of the pine trees, and that B cannot maintain trespass q. c. f. against one who enters and collects turpentine from the trees.
THIS was an action of QUARE CLAUSUM FREGIT, with a count for trespass vi et armis, tried before DICK, Judge, at the last Fall Term of Nash Superior Court.
It was proved that the plaintiff worked turpentine trees on the locus in quo, under the following agreement between himself and one Bryant, viz: “This indenture, made and entered into on 1st day of January, 1853, by and between Andrew Bryant, of the one part, and Edwin Denton, of the other part, witnesseth: that the said Andrew Bryant has rented a certain piece, or parcel of land, lying and being in the county of Nash, State of North Carolina, adjoining the lands of Gideon Strickland, Hilliard Mitchell and others, containing about three hundred acres more or less, the present year, unto the said Edwin Denton, for the purpose of getting turpentine; and agrees to give said Denton one-half of all the turpentine he may procure and save from the pines standing on all the land in possession of said Bryant, and by him heretofore worked; and the said Edwin Denton, on his part, doth covenant and agree to and with the said Bryant, that he will alter, change, and re-box all the pines of said Bryant, and work the same to the best advantage, for the benefit of said Bryant, during the year, or until the crop is saved, and dip out and place in the barrels of the said Bryant, by him to be furnished at or near the different positions found convenient for filling barrels, &c., the one-half of all the turpentine, scrape, &c., by him saved.”
During the year specified in the agreement, and while the plaintiff was carrying on the business of making turpentine, the defendants entered upon the locus in quo, dipped from the boxes, and carried off some of the turpentine; which is the trespass complained of. Bryant resided on the land in question, prior to the date of this agreement, and continued so to reside during this year.
On the part of defendants it was contended, that plaintiff could not maintain the action on either of the counts.
But the court held that the action...
To continue reading
Request your trial
- Delta Cotton Co. v. Arkansas Cotton Oil Co.
-
Comar Oil Co. v. Richter
...entry upon the premises." 17 C. J., pp. 382-3, citing Decker v. Decker, 17 Hun 13; Bradish v. Schenck, 8 Johns. (N. Y.) 151; Denton v. Strickland, 48 N.C. 61. ¶25 This doctrine is followed again in Oklahoma in Halsell v. First National Bank of Coweta, 109 Okla. 220, 235 P. 532, which holds:......
-
Fraine v. North Dakota Grain & Land Co.
... ... of the cropper or party working the land. Smythe v ... Tankersly, 56 Am. Dec. 193; Denton v ... Stickland, 48 N.C. 61; Monerick v. Lewis, 3 ... McCord, 211; Messinger v. Union, etc. 65 P ... 808; Neilson v. Slade, 49 Ala. 253; Rohrer ... ...
-
Haskins v. Royster
...a “cropper,” or servant, as contradistinguished from a tenant, who is a quasi proprietor. State v. Burwell, 63 N. C., 661; Denton v. Strickland, 3 Jones 61. 3. Compensation to the hired man by a share of the crop, does not render him any the less a servant, nor constitute him a tenant or pa......