Lewis v. Wilkins

• Decision Date: 31 January 1868
• Court: North Carolina Supreme Court
• Parties: HENRY LEWIS and others v. E. W. WILKINS, Ex'r.

62 N.C. 303

HENRY LEWIS and others

v.E. W. WILKINS, Ex'r.

Supreme Court of North Carolina.

January Term, 1868.

*1 Where an agreement was entered into between the owner of a farm and another person, by which the former was to furnish the farm to the latter for two years with the stock of hogs and cattle upon it, and mules, provisions and farming implements; and the latter was to give his personal attention to the farming operations, have the entire control of the farm and furnish the twenty-two laborers that were required; and thereupon the two were to share equally the produce of the farm, Held that the agreement constituted an agricultural partnership, that the share going to the owner of the farm was not rent; and that the relation between the parties was not that of landlord and tenant; and therefore,

Held further that, upon the death of the owner of the farm before the expiration of the two years, his share which accrued thereafter did not go to the devisees of the farm, but was included under a bequest to another, of “the crop, stock and farming utensils, and all other perishable property on said farm.”

The doctrine that rent follows the reversion applies in favor of devisees of the reversion, as well where it is directed to be sold and the proceeds divided amongst them, as where it is given specifically.

BILL, filed to Fall Term 1867 of the Court of Equity for NORTHAMPTON, and at that time set for hearing upon bill and answer, and transmitted to this Court.

The complainants were the children of Ellen Lewis deceased, and the children of William M. Wilkins deceased, by his second marriage, and the defendant was the executor of Edmund Wilkins deceased, late of the county of Northampton.

The testator died January 20th 1867, and by his will, which was afterwards duly proved, among other things devised certain lands called “ The Meadows, to be sold upon a credit, and the proceeds of the sale [together with the slaves on said farm] to be equally divided, one half to the children of my niece Ellen Lewis, and the other half to the children of my brother Dr. W. W. Wilkins by his second marriage.” By a subsequent clause he gave as follows, “I will the crop, stock and farming utensils and all other perishable and personal property, except the negro slaves, on said farm in the Meadows and the Peele lands in District No. 10 aforesaid, and the proceeds of said sales of all said crop, stock and perishable and personal property in said District No 10, except the negro slaves as aforesaid in District No. 10, together with all debts due me and money deposited and all my Rail Road Co. bonds and stocks after paying all just debts, I give and bequeath to my said nephew F. W. Wilkins, whom I hereby appoint my whole and sole executor of this my last will and testament, this 19th day of August 1861.”

On the 1st of January 1866 the testator entered into the following contract with one Thomas C. Parker:

“These articles of agreement made &c., witness that the said Wilkins is to furnish to the said Parker the farm known as the Meadows, for two years from this date. The stock of cattle and hogs are to remain on said farn, and said Parker is to have one-half of the milk and butter made on said farm, but no other interest or part of the proceeds of said cattle, and at the end of each year the fattened hogs are to be equally divided between the said Parker and said Wilkins, and the said Wilkins is to furnish thirteen good mules for the two years, and in case of the death of one or more, others are to be bought at joint expenses to supply their places and to belong to said Wilkins at the expiration of said lease; and for the present year 4500 pounds of pork and 306 barrels of corn, and long forage sufficient to feed all the stock and should there be a sufficiency made on the farm of corn, pork and long forage the present year 1866, then out of the said Wilkins' share he shall furnish the same articles, and the same articles and the same amount for the year 1867. The said Wilkins to furnish all the necessary farming implements for conducting said farm for the year aforesaid. And the said Parker does agree on his part to furnish twenty-two able-bodied laborers to work on said farm and to give the farm his whole and entire personal attention and skill, and at the expiration of the two years specified to surrender the farm in good condition, except dams and river fences, and the entire stock of cattle, and stock-hogs, and should the farm not yield a sufficiency in corn, pork and long forage to make the quantity aforementioned either in the years 1866 or 1867 then the said Parker is to make up the deficiency. And the said Parker doth further agree to pay all taxes on the real estate of said farm and half of the taxes on the fat hogs killed, the said Wilkins paying all the other taxes chargeable on the said farm. It is agreed between the parties that when the products are ready for market the said Wilkins and Parker shall equally divide share and share alike. It is further understood that said Parker shall have entire and absolute control and management of the farm, and should there be any difference or misunderstanding between said Wilkins and Parker, they are to refer it to three disinterested parties, each one selecting one and the two selecting a third, and their decision to be binding. And it is further agreed and stipulated between the said Wilkins and Parker that if either violates these articles of agreement or any part thereof, the party so violating shall forfeit and pay over to the other party the sum of five thousand...