eBook details
- Title: Davis v. Burton
- Author : Supreme Court of Montana
- Release Date : January 28, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
1. Injunction ? General rule as to litigating title. The general rule is that title to, or right of possession of, real estate may not be litigated in a suit for an injunction, however, upon proper showing where a cropping agreement is involved, possession of lands may be taken from one party and given to the other. 2. Landlord and Tenant ? Words and Phrases ? "cropper" ? "tenant." The essential difference between a "cropper" and a "tenant" is that a tenant has an estate in the land for his term and consequently, a right of property in the crop which he grows, while a croppers possession of the crop is only that of a servant which is in the law that of the landlord who must set off to the cropper his share. 3. Landlord and Tenant ? Nature of relationship, how determined. If, in making a contract, it was intention of a landowner to part with, and the other party have, exclusive possession of the land for purpose of cultivation, the transaction will, as a general rule, be considered a lease, but if the intention of the parties was that landlord was to have supervising possession and that party working the land was to be a wage earner in terms of part of the crop, the relation is that of landowner and share cropper. 4. Landlord and Tenant ? Terms of contract indicate tenant relationship. Terms of contract between landowner and another indicated an intention of the parties to create the relationship of landlord and tenant rather than that of landowner and cropper. 5. Crops ? Adverse possession, right to crops ? severance, effect of. Crops grown by a person in possession of land under a claim of right, holding adversely to all others, are his property whether or not severed from the land. 6. Landlord and Tenant ? Nature of contract depends on intention. Whether the relation of parties is that of landlord and tenant or landowner and cropper turns upon the intention of parties as gathered from entire contract, the language in which it is cast, and the circumstances surrounding its execution. 7. Injunction ? Injunction pendente lite properly denied. In landlords action to cancel the contract for breach, injunction - Page 138 pendente lite to restrain tenant from occupying the land was properly denied.