State v. . Hardison
Supreme Court of North Carolina
INDICTMENT, for the Larceny of a hog, tried before Moore, J., at Spring Term, 1876, of Martin Superior Court. The jury returned the following SPECIAL VERDICT : 1. That one Alex. Wiggins, the owner, had put in the possession of George Bond, a hog, to be raised on shares. 2. That Wiggins was to give Bond one-half of the hog after the same was fattened and killed. 3. The hog was charged in the bill to be the property of George Bond alone.
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INDICTMENT, for the Larceny of a hog, tried before Moore, J., at Spring Term, 1876, of Martin Superior Court. The jury returned the following SPECIAL VERDICT : 1. That one Alex. Wiggins, the owner, had put in the possession of George Bond, a hog, to be raised on shares. 2. That Wiggins was to give Bond one-half of the hog after the same was fattened and killed. 3. The hog was charged in the bill to be the property of George Bond alone. Upon this verdict the Court held that the property was not well charged, and declared the defendant “ not guilty.”' From this judgment the State appealed.
1Opinion of the CourtPearson, C. J.
By their agreement Bond was to take the hog and raise it and fatten it and kill it after it was fit for pork, and then Wiggins was to give Bond one-half of the pork for his trouble and outlay. • Under this agreement Bond .was put into possession and held it at the time of the larceny.
His Honor was of opinion that these facts created the relation of tenants in common or of co-partners. We do not concur, and have a very decided opinion that the relation was that of a bailment for him, the bailee, to have exclusive possession until the animal was fatted and killed. Up to that time Wiggins had no…
2Cited by5 opinions
- State v. GreeneSupreme Court of North Carolina · 1976
- State v. . AllenSupreme Court of North Carolina · 1889
- State v. TillettIndiana Supreme Court · 1909
- State v. . BishopSupreme Court of North Carolina · 1887
- Tumalty v. ParkerAppellate Court of Illinois · 1902