81] THE SYSTEMS OF FARMING 8l 



There is an obvious distinction between a cropper and a 

 tenant. One has a possession of the premises, exclusive of 

 the landlord; the other has not. The one has a right for a 

 fixed time; the other has only a right to go on the land to 

 plant, work and gather the crop. The possession of the land 

 is with the owner as against the cropper. This is not so of 

 the tenant. The case made in the record is not the case of 

 a tenant. The owner of the land furnished the land and the 

 supplies. The share of the cropper was to remain on the land 

 and to be subject to the advances of the owner for supplies. 

 The case of the cropper is rather a mode of paying wages than 

 a tenancy. The title to the crop subject to the wages is in the 

 owner of the land. We are of opinion, that no person can 

 purchase or take a lien on the wages of the cropper, to wit: 

 his share of the crop, until the bargain be completed, to wit: 

 until the advances of the planter to the cropper for supplies, 

 have been paid for. A different rule might obtain, as to a 

 tenant, the right of the landlord being only a lien. But the 

 cropper's share of the crop is not his ^intil he has complied 

 with the bargain. 1 



In 1888 the court reiterated this view when it said, 

 " Where an owner of land furnishes it with supplies and 

 other like necessaries, keeping general supervision over 

 the farm, and agrees to pay a certain portion of the crop 

 to the laborer for his work, the laborer is a cropper," 

 and differs, therefore, in important respects from a 

 renter. 2 The same view seems to form the basis of an 

 act passed by the legislature of the state in 1889 for the 

 purpose of making certain regulations respecting the 

 relation of landlord and cropper. It was enacted that 



whenever the relation of landlord and cropper exists, the 



1 Appling v. Odum, 46 Georgia Reports, 587. See also Sims v. Dor- 

 sey, 61 Georgia Reports, 488. 

 'Almond v. Scott & Co., 80 Georgia Reports, 95. 





