Section 35-9-37

Relation between party furnishing land and party furnishing labor.

When one party furnishes the land and the other party furnishes the labor to cultivate it, with stipulations, express or implied, to divide the crop between them in certain proportions, the relation of landlord and tenant, with all its incidents, and to all intents and purposes, shall be held to exist between them; and the portion of the crop to which the party furnishing the land is entitled shall be held and treated as the rent of the land; and this shall be true whether or not by express agreement or by implication the party furnishing the land is to furnish all or a portion of the teams to cultivate it, all or a portion of the feed for the teams, all or a portion of the planting seed, all or a portion of the fertilizer to be used on the crop or pay for putting in marketable condition his proportion of the crop after the same has been harvested by the tenant.

(Code 1876, §§3474, 3475; Code 1886, §§3064, 3065; Code 1896, §§2711, 2712; Code 1907, §§4742, 4743; Acts 1915, No. 63, p. 112; Acts 1915, No. 89, p. 134; Code 1923, §8807; Code 1940, T. 31, §23.)