183 Ga. 858 | Ga. | 1937
On August 10, 1936, a landlord instituted an action to enjoin a cropper from continuing to occupy the premises after his discharge as an employee. Compare Marshall v. Matthews, 149 Ga. 370 (100 S. E. 103). At an interlocutory hearing, the court granted an injunction as prayed by the plaintiff, but at the same time appointed a receiver to harvest and divide the remaining crops, as prayed by the defendant. To the order appointing a receiver the plaintiff excepted. While the parties were in sharp controversy as to several matters, the judge was authorized, under the pleadings and the evidence, to find as follows: The defendant was not indebted to the plaintiff in any sum for advances or otherwise. The cultivation of the crops had been completed, and they were all practically mature and ready for har
While it is ordinarily true that under the relation of landlord and cropper the landlord has the right to control and possess the crops until he has received his portion and is fully paid for all advances made by him to aid in their, production (Code, § 61-502), the right may be varied by special agreement; and in this case there was evidence that authority to market the crops was granted to the cropper as one of the terms of the.contract. In view of the special terms of the contract and the other facts of the case, the court did not err in appointing a receiver, although it did not appear that the plaintiff was insolvent. Bussell v. Bishop, 152 Ga. 428 (110 S. E. 174); George v. Bullard, 178 Ga. 589 (173 S. E. 920). Compare Kelley v. Moody, 176 Ga. 138 (167 S. E.
Judgment affirmed.