When lands are rented or leased by agreement, written or oral, for agricultural purposes, or are cultivated by a cropper, unless otherwise agreed between the parties to the lease or agreement, any and all crops raised on said lands shall be deemed and held to be vested in possession of the lessor or his assigns at all times, until the rents for said lands are paid and until all the stipulations contained in the lease or agreement are performed, or damages in lieu thereof paid to the lessor or his assigns, and until said party or his assigns is paid for all advancements made and expenses incurred in making and saving said crops.
This lien shall be preferred to all other liens, and the lessor or his assigns is entitled, against the lessee or cropper, or the assigns of either, who removes the crop or any part thereof from the lands without the consent of the lessor or his assigns, or against any other person who may get possession of said crop or any part thereof, to the remedies given in an action upon a claim for the delivery of personal property.
Provided, that when advances have been made by the federal government or any of its agencies, to any tenant or tenants on lands under the control of any guardian, executor and/or administrator for the purpose of enabling said tenant or tenants to plant, cultivate and harvest crops grown on said land, the said guardian, executor, and/or administrator may waive the above lien in favor of the federal government, or any of its agencies, making said advances. (1876-7, c. 283; Code, s. 1754; Rev., s. 1993; 1917, c. 134; C.S., s. 2355; 1933, c. 219; 1985, c. 689, s. 11.)
Notes of Decisions
Eason Ex Rel. Eason v. Dew, 94 S.E.2d 603 (N.C. 1956).
· cites it 4× “” Under G.S. 42-15, Dew had a preferred lien on the entire crop until the rent and all advancements made and expenses incurred in making and saving the crop were paid.”
Hall v. Odom, 81 S.E.2d 129 (N.C. 1954).
· cites it 3× “42-15 and providing, in pertinent part, as follows : “When lands are rented or leased by agreement, written or oral, for agricultural purposes, or are cultivated by a cropper, unless otherwise agreed between the parties to the lease or agreement, any and all crops raised on said…”
In re Harrell, 55 B.R. 203 (E.D.N.C. 1985).
· cites it 8× “§ 42-15 (1985). Counsel for W.R. Harrell argues that under N.”
Sugg v. Parrish, 277 S.E.2d 557 (N.C. Ct. App. 1981).
· cites it 2× “G.S. 42-15 (emphasis supplied). Plaintiff testified that he had made advancements to his tenant “in the neighborhood of $10,000.”
Godley v. Open Grounds Farm, Inc. (In re Godley), 505 B.R. 192 (Bankr. E.D.N.C. 2014).
· cites it 14× “§ 545 (3), the statutory landlord’s *196 lien for rent arising pursuant to N.C. Gen. Stat. § 42-15 in favor of the Defendant as to Godley’s 2010 Corn, and therefore recover the value of the avoided lien ($587,-340.”
Rivenbark v. Moore, 291 S.E.2d 293 (N.C. Ct. App. 1982).
· cites it 2× “Plaintiffs’ claim to the proceeds from the sale of the tobacco crop derives from the landlord’s lien statute, G.S. 42-15, which provides, in pertinent part, as follows: “When lands are rented or leased by agreement, written or oral, for agricultural purposes, .”
Dunham's Music House, Inc. v. Asheville Theatres, Inc., 178 S.E.2d 124 (N.C. Ct. App. 1970).
“The only statutory landlord’s lien in this jurisdiction is that provided for by G.S. 42-15. Since the advent of the Uniform Commercial Code in this State, the courts have not been called upon to determine the meaning and application of the exclusionary phrase “landlord’s lien.”
Peoples v. United States Fire Ins. Co., 103 S.E.2d 381 (N.C. 1958).
“Hence the determinative question on this appeal is one of law, that is: Where tenant procures and pays for policy of insurance against damage to tobacco crop by hail storm, and the crop is so damaged, nothing else appearing, does the landlord on whose land the crop is growing…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.