O.C.G.A. § 44-7-102 (2019)
Recovery of crops sold or disposed of without landlord’s consent
In all cases where a cropper unlawfully sells or otherwise disposes of any part of a crop or where the cropper seeks to take possession of such crops or to exclude the landlord from the possession thereof while the title thereto remains in the landlord, the landlord shall have the right to repossess the crops by any process of law by which the owner of the property can recover it under the laws of this state.
History
(Ga. L. 1889, p. 113, § 3; Civil Code 1895, § 3130; Civil Code 1910, § 3706; Code 1933, § 61-503.)
Annotations
JUDICIAL DECISIONS In general. - When the relationship of landlord and cropper exists, this gives to the landlord the right to repossess the crops not only when the cropper unlawfully sells or disposes of any part of the crops or seeks to take possession of the crops, but also when the cropper seeks ‘‘to exclude the landlord
from the possession’’ of the crops. Peacock v. American Plant Co., 49 Ga. App. 267, 175 S.E. 262 (1934). Livestock as crops. - Statute defines the relations and rights of landlord and cropper only as to crops; crops are the product of the soil and do not include the increase of
livestock. Ellis, McKinnon & Brown v. Hopps, 30 Ga. App. 453, 118 S.E. 583 (1923) (see O.C.G.A. § 44-7-102). Landlord’s remedy. - When the relationship of landlord and cropper exists, the landlord may assert the landlord’s title to the crops by trover. Cowart v. Dees, 7 Ga. App. 601, 67 S.E. 705 (1910). Withholding all of crop until gathered. - Even if the contract provided that the cropper should gather, gin, and hold, the cropper has some discretion in this and may wait until all the crop is gathered before the cropper gins and sells the crop, without laying the cropper liable in trover. Forehand v. Jones, 84 Ga. 508, 10 S.E. 1090 (1890). Prior payments of debts due cropper. - Landlord may be subjected to the prior payment of an indebtedness the landlord owes the cropper before the landlord recov-
ers possession. Cowart v. Dees, 7 Ga. App. 601, 67 S.E. 705 (1910). Cropper not removing crop. - When the crop had been divided and put in separate houses on the land, but it did not appear that the cropper was seeking to remove the crop, there was no cause of action. Visage v. Bowers, 122 Ga. 760, 50 S.E. 952 (1905). Bona fide purchaser. - Since the title to the crops remains in the landlord until actual division and settlement, a bona fide purchaser of such a severed crop will not be protected in an action of trover brought against the purchaser by the landlord. Kirkland v. Wallace, 29 Ga. App. 238, 114 S.E. 649 (1922). Cited in George v. Cox, 46 Ga. App. 125, 166 S.E. 868 (1932); J.L. Stifel & Sons v. McCormick, 59 Ga. App. 449, 1 S.E.2d 220 (1939); Crews v. Roberson, 62 Ga. App. 855, 10 S.E.2d 114 (1940).
RESEARCH REFERENCES C.J.S. - 52A C.J.S., Landlord and Tenant, § 1500 et seq. ALR. - Cropper’s right to thresher’s lien or lien for other work on share of owner, 35 ALR 450. Recovery for failure of cropper or one
leasing land on shares for failure to plant or cultivate crop, 39 ALR 1357. Right to crops sown or grown by one wrongfully in possession of land, 57 ALR 584.