Wanamaker v. Buchanan

Citations

• 33 Pa. Super. 138
• 1907 Pa. Super. LEXIS 258

Syllabus

<p>Landlord and tenant — Cropper—Contract—Execution—Leasing on shares.</p> <p>A cropper is one hired to work land and to be compensated by a share of the produce. Such a contract gives him no legal possession of the premises, further than as a hireling. The legal possession remains in the hirer or landlord, and hence the remedy by distress is not applicable to him.</p> <p>Leasing on shares is where the owner of a farm puts the worker of it into possession under an agreement to receive as compensation or rent a certain portion of the actual annual crop. In these cases the farms are not leased, but the owner occupies a dual position, being a tenant in common with the worker as to the crop, and remaining virtually in possession, as the worker is his laborer. Therefore, the owner cannot distrain, nor can the whole crop be sold for a debt of either owner or worker.</p> <p>Where a written agreement between an owner of a farm and another person shows that the latter is to cultivate the land and receive a one-half interest in the crops, but all moneys are to be paid to the owner, and after net proceeds ascertained, one-half thereof are to be paid to the cropper, a creditor who has obtained a judgment against the cropper cannot levy upon a “half interest” in crops upon the farm; but if it appears that the cropper was to furnish all the poultry, and the owner of the land was to have a one-half interest therein, the creditor of the cropper may levy upon the latter’s interest in the poultry.</p>