86 S.E. 718 | N.C. | 1915
The defendant, a landlord, is charged with unlawfully seizing the crop of his tenant, the material parts of the warrant alleging that he "did unlawfully, willfully, knowingly, and without process of law, and unjustly, seize the growing crops and the premises thereof, of him, the said Charlie Lowrie, his tenant, when there was nothing due him, the said R. C. Townsend, by him, the said tenant, Charlie Lowrie, said crops *783 being corn and cotton growing and unmatured in the field at the time of such seizure, contrary to law, and against the peace and dignity of the State."
The defendant demurred to the warrant, contending that it charged no indictable offense. The demurrer was sustained, and the State appealed.
The Landlord and Tenant Act (Rev., sec. 1993) vests the constructive possession of the crops in the landlord until his rents and liens are paid, but the actual possession is in the tenant. Jordan v.Bryan,
The tenant who removes any part of the crop from the land without the consent of the landlord and without giving him five days notice, and before satisfying all liens, is indictable (Rev., sec. (697) 3665), as is the landlord who unlawfully and knowingly and without process of law unjustly seizes the crops when there is nothing due him (Rev., sec. 3664). In all these statutes the word "crop" is used, not "gathered" or "ungathered crop," and the same meaning must be given to it throughout. If the word does not embrace ungathered crops when imposing the prohibition upon the landlord, it can mean no more when the tenant is forbidden to remove the crop, and a statute intended to give ample protection to both has but little effect. It is comprehensive enough to include both gathered and ungathered crops, and when the purpose of the General Assembly is considered we must conclude it was so intended.
In Dana v. Lewis,
We are, therefore, of opinion his Honor was in error in sustaining the demurrer to the warrant, which follows the words of the statute.
Reversed. *784