§ 42-16. Rights of tenants.
§42‑16. Rights of tenants.
When the lessor or his assignsgets the actual possession of the crop or any part thereof otherwise than bythe mode prescribed in G.S. 42‑15, and refuses or neglects, upon anotice, written or oral, of five days, given by the lessee or cropper or theassigns of either, to make a fair division of said crop, or to pay over to suchlessee or cropper or the assigns of either, such part thereof as he may beentitled to under the lease or agreement, then and in that case the lessee orcropper or the assigns of either is entitled to the remedies against the lessoror his assigns given in an action upon a claim for the delivery of personalproperty to recover such part of the crop as he, in law and according to thelease or agreement, may be entitled to. The amount or quantity of such cropclaimed by said lessee or cropper or the assigns of either, together with astatement of the grounds upon which it is claimed, shall be fully set forth inan affidavit at the beginning of the action. (1876‑7, c. 283, s. 2;Code, s. 1755; Rev., s. 1994; C.S., s. 2356.)