Porter v. Stone
Porter v. Stone
Opinion of the Court
delivered the opinion of the court.
This is a proceeding under § 2580 et seq. of the code of 1880, and presents two questions:
1. Has the trustee in a deed of trust on personal property, after breach of the condition, such interest in the subject of the trust as to entitle him to maintain such proceeding for partition ?
2. Where a “cropper” on shares gives a deed of trust on his share, and under it obtains supplies, and abandons the work, and another takes his place, with the consent of the other share-owner and the’holder of the deed of trust, and obtains supplies under it, and completes the making of the crop, and partly gathers it, and then abandons. it, has the cestui que trust a claim on the crop not subject to be defeated by the act of the other share-owner?
We answer both questions affirmatively.
Affirmed.
Reference
- Full Case Name
- Porter & McRae v. R. A. Stone
- Status
- Published
- Syllabus
- 1. Partition or Personalty. Tenant in common. Trustee. Code 1880, § 2580. After condition broken, a trustee in a deed of trust conveying an undivided interest in personalty, lias sucli interest as will entitle him to maintain a suit for partition of the property under §2580, code 1880, which provides that “any tenant in common of personal property ” of less value than S150 may obtain partition thereof before a justice of the peace. 2. Trust-deed. Cropper. Abandonment of cfop. Advances. Where a laborer on shares who, to secure a debt for supplies to be advanced, has given a trust-deed on his share of the crop, abandons the work, and another takes his place, with the consent of the other share-owner and the holder of the trust-deed, and obtains supplies under it, but, after making and partly gathering the crop, also abandons it, the claim of the cestui ' que trust cannot be defeated by the act of such other share-owner.