Crop

See Emblements; Growing Crops; Away-Going Crop.

That which is cropped, cut or gathered which is planted in the earth, as grain, portion of the year that is occupied in V. Away-going; Orowing; Outstanding.

That which is cropped, cut, or gathered; 3 the valuable part of what is planted in the earth; fruit; harvest. Compare Cultivation; Fructus. Crop-time. That portion of the year which is occupied in making and gathering the crops.* Aivay-going crop. A crop sown by a tenant who will be no longer tenant at harvest-time; that is, a crop which is sown before but ripens after the end of the tenant's term. Where the term of a tenant for years depends upon a certainty, as if he holds from midsummer for ten years, and in the last year he sows a crop, which is not cut before the end of his term, the landlord shall have the crop; for the tenant knew the expiration of his term, and it was his own folly to sow what he could never reap the profit of. Otherwise, however, where ' [1 Greenl. Ev. §.373. See also Barbour v. Commonwealth, 80 Va. 888 (1885). ' See United States v. Block, 4 Saw. 212-13 (1877), cases; Barker v. People, 20 Johns. *460 (1823); Webb v. State, 29 Ohio St. 358 (1876). the lease depends upon an uncertainty, as, the life of some one, or an act of God.i But now, generally, where the lease ends in the sprmg, the tenant has the crop of winter grain sown the autumn before; and the straw is part of the crop. See Emblements. Growing crop. Any annual crop raised by cultivation. In some States, regarded as personalty, and leviable with a right to harvest it; in a few States, realty. Whether a contract for the sale of a growing crop is for "an interest in or concerning lands," to be in writing under the Statute of Frauds, seems to be answered in conformity with the intention of the parties. And so as to growing grass, growmg trees, and fruits; although, according to some cases, emblements only are to be considered as chattels, while the spontaneous growth of the land remains a part of it, at least, until i-ipe and ready for removal. Whenever the parties connect the land and its growth together the growth comes within the statute. ' " The lien of a mortgage on a growmg crop contmues on the crop after severance, whether remaining in its original state or converted into another product, so long as the same remains on the land of the mortgagor. ' ' Such lien is not lost by a tortious removal by a person having constructive notice of the lien; and the mortgagee may maintam an action for the conversion. ^ Outstanding crop. A crop in the field — not gathered and housed, without regard to its state. It is "outstanding" from the day it commences to grow until gathered and taken away. 4 See Fair; Harvest. Cropper. One who, having no interest in the land, works it in consideration of receiving a portion of the crop for his labor.* One hired to work land and to be compensated by a share of the produce.* He has no estate in the land; his possession is that of the landlord, who must divide off to the cropper his share of the crops. A " tenant " has an estate in the land, and a right of property in the crops. Until division, the right of property and of possession in the whole crop is the tenant s.' Where the contract is that the land-owner shall give the cropper a part of the produce after paying all advances, and the crop has been divided, the cropper is not a tenant, but a mere employee; the ownership of the entire crop is in the land-Owner, and if the cropper 1 2 Bl. Com. 145. s 3 Pars. Contr. 31; 3 Kent, 477; 4 id. 73; 1 Wash. E. P., 4 ed. p. 9; 3 Bl. Com. 10; Freeman, Exec. 113, cases; Benj. Sales, 120; 69 Tex. 637. s Wilson V. Prouty, 70 Cal. 197 (1886); Cal. Civ. Code, § 2972. * Su Uins V. State, 53 Ala. 476 (1875), Brlckell, C. J. 5 [Frye v. Jones, 2 Eawle, *12 (1829). » Steel V. Frick, 56 Pa. 175 (1867); Adams v. Mc Kesforcibly, or against consent, takes the crop from the possession of the owner, the taking constitutes larceny, robbery, or other offense, according to the circumstances.' See Distress, 4, 5.