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 recovers 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).

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 A.L.R. 450.

Recovery for failure of cropper or one leasing land on shares for failure to plant or cultivate crop, 39 A.L.R. 1357.

Right to crops sown or grown by one wrongfully in possession of land, 57 A.L.R. 584.