Loftin v. Crossland

• Decision Date: 28 February 1886
• Citation: 94 N.C. 76
• Parties: S. H. LOFTIN v. S. T. CROSSLAND and wife.
• Court: North Carolina Supreme Court

94 N.C. 76

S. H. LOFTIN

v.S. T. CROSSLAND and wife.

Supreme Court of North Carolina.

February Term, 1886.

This was an ACTION TO RECOVER POSSESSION of certain crops raised on land belonging to the feme defendant, and was tried before Avery, Judge, at November Term, 1885, of LENOIR Superior Court.

The plaintiff claimed title to the property sued for, under a lien bond, hereinafter set forth, executed by one N. L. Hemby, who had rented certain lands from the defendant S. T. Crossland for the year, 1883, and by the said S. T. Crossland, to secure him for the advancement of certain agricultural supplies to be used in the cultivation of a crop on said land during said year. The feme defendant also claimed them as rents due for the use and occupation of the lands by Hemby for said year, asserting title to said land, and that the same was rented by S. T. Crossland as her agent to Hemby, and that the said S. T. Crossland had no authority to execute the said lien bond. The plaintiff insisted that S. T. Crossland did have such authority, and if this were not so, the feme defendant was estopped by her conduct to deny the validity of the plaintiff's claim under the lien.

The said N. L. Hemby, a witness for the plaintiff, testified that he rented a tract of land from the defendant S. T. Crossland for the year, 1883; that Crossland and the other defendant, his wife, were living on the land at the time, to-wit: in December, A. D. 1882; that both defendants were present when the land was rented; that they were both living thereon and gave witness one room in the dwelling which they occupied, which he took possession of and occupied till they left some three weeks thereafter and removed to the town of Kinston; that during this time, witness was getting ready to cultivate the land as a farm; that the renting was talked about by witness and the defendant S. T. Crossland in the presence of his wife, nearly every day; that witness asked plaintiff to furnish what agricultural supplies he might need for the year 1883 in the cultivation of said land, who said he would do so if the defendant S. T. Crossland would sign a “lien bond” on the products to be raised on the land for the year 1883, in order to secure him; that S. T. Crossland did sign said bond, together with Hemby; that about a week before the execution of the said bond, it was agreed between the parties that it should be executed, and upon the faith of this agreement, the plaintiff advanced to the said Hemby the sum of $40 to pay S. T. Crossland for some cotton seed belonging to his wife, and which he had agreed to sell Hemby on her account, for use on the land for the year 1883, which sum was then and there paid to S. T. Crossland; that at the suggestion of the plaintiff, the bond was not executed till about a week afterwards; that witness made no crop during said year except on this land; that he heard the feme defendant say during the year that she supposed the plaintiff would have to pay for his advances before she got her rent; that she went out several times to the land during the year, and on one occasion in September, 1883, said that she thought that there would be enough produce raised to pay the plaintiff and herself also; that she supposed that he would get pay for his advances before she got her rents, and if there was not enough to satisfy her too, she would have to make some arrangement to wait on witness; that she was on the land one Sunday after three or four bales of cotton had been picked, and witness delivered three of said bales to the plaintiff; that after their delivery, the feme defendant took possession of all the balance of the crop and hauled it away; that plaintiff advanced to witness under said bond, the full sum named therein, to-wit: $400, of which witness paid $132.37.

Upon cross-examination, he stated that he first heard of the feme defendant's claim to the land when he delivered the three bales of cotton to the plaintiff in November, 1883; that he heard the feme defendant say that her husband told her he would have to sign a lien bond with witness; that he heard him tell her the day after he got the $40 for the cotton seed, that he had gotten it, and that he would have to sign a lien bond on the crops raised on the land to the plaintiff for supplies, and that she did not object; that he did not know it was her land; that S. T. Crossland agreed with plaintiff to sign away his interest in the rents; that he heard the feme defendant and his, (witness's), wife talking about the matter the day after S. T. Crossland received the $40.

The defendant S. T. Crossland then testified on behalf of the feme defendant: that the witness Hemby came to the house of witness to rent land, and said that he would give the witness eight bales of cotton as rent; that the witness said he would not take it, and it was finally agreed that he would give ten bales: that the feme defendant said she was willing for the place to be rented at that rent; that Hemby then said he wanted some cotton seed that were there; that the feme defendant said that she was willing to sell the seed if he would pay her for them; that Hemby then said that he had made arrangements to get his supplies; that they came to Kinston, and Hemby told witness he could not get money to pay for the cotton seed unless witness would sign the lien bond; that witness thereupon did sign it on the same day; that he at first hesitated, but signed it upon the assurance of the plaintiff that if he did so, he, plaintiff, would let Hemby have what supplies he wanted; that witness had left his wife at home; that he afterwards told her he had signed it, and she told him he ought not to have done so; that she had not authorized him to sign any paper; that she had told him he could rent the land for her, but he must not sign any paper or give any lien. It was admitted that the land belonged to the feme defendant. This witness further testified that he did not tell Hemby it was his land and that he was renting it as his property.

Upon cross-examination, he testified that he was married to the feme defendant in the year 1877; that he rented it as her land, but that he did not tell Hemby so; that Hemby never asked him whose land it was; that he had heard Hemby speak of the land as belonging to his wife before that, but that he could mention no time nor place; that Hemby had rented an adjoining tract of land from one Hill, and that witness had frequent opportunities to talk, and did talk with Hemby; that they merely spoke of the ownership of different tracts of land in a general way; that he heard Hemby, speaking of this land, say his wife “had a good place.” Witness could not say whether it was spoken before or after the renting by Hemby; that witness had been in the habit of renting said land before the renting to Hemby; that he would rent it in his own name and would afterwards tell his wife about it.

The feme defendant then testified in her own behalf: that she was present when the land was rented; that she told her husband she thought ten bags was enough for the place; that she had told her husband never to sign any liens or bonds; that she knew nothing of the lien bond in question till after she moved to Kinston; that she then said to her husband, “I am surprised at you, I told you never to do anything of the kind;” he said he supposed there would be enough for both; that witness had always told her husband never to give any liens on her part of the crop; that witness went out to the farm a good many times during the year 1883; that she said to Hemby, “I suppose the plaintiff must have his pay first;” that she had found out that plaintiff was getting cotton from the place and made this remark for that reason, supposing he must have a right to take it.

This witness further testified that she had no such conversation as the witness had testified to, out in the country, about the lien bond, and that she did not know of it till after she moved to Kinston; that she heard her husband had gotten pay for the cotton-seed, and as soon as he got back home on the day he received it, but that...