Collins v. . Benbury
Supreme Court of North Carolina
Appeal from Chowan Superior Court of Law, al Fall Term, 1842, his Honor Judge Bailey presiding. This was an action on the case, brought for the purpose of recovering damages for interrupting the plaintiff in fishing his several fishery.
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Appeal from Chowan Superior Court of Law, al Fall Term, 1842, his Honor Judge Bailey presiding. This was an action on the case, brought for the purpose of recovering damages for interrupting the plaintiff in fishing his several fishery. On the trial it was in evidence that thé defendant Benbury was the co-tenant, with Mrs. Harvey, of the Sandy Point Fishery, on the Albemarle Sound — that by several demises the two co-tenants Benbury and Harvey leased the said fishery to H. W. Collins, who transferred it to Josiah Collins, and by him it was assigned to the plaintiff. The lease of Thomas…
1Opinion of the CourtRuffin, C. J.
The case does not state explicitly that Albemarle Sound is or is not a navigable water, in its technical sense, nor any facts from which the court can see that it is, to all practical purposes, navigable, as the term is un-destood among us, at least, in common parlance. But it is apparent that the Sound was assumed upon the trial to be navigable, if not strictly speaking, at least within the meaning of the entry laws of 1765 and 1777. For the learned Judge instructed the jury, that as the State had never granted the beds of navigable streams, Benbury had no title to the Sound, which was not…
2Cited by19 opinions
- Gwathmey v. STATE THROUGH DEPT. OF ENVIR.Supreme Court of North Carolina · 1995
- State Ex Rel. Rohrer v. CredleSupreme Court of North Carolina · 1988
- State v. Baum.Supreme Court of North Carolina · 1901
- Kemery v. ZeiglerIndiana Supreme Court · 1912
- State Ex Rel. McLeod v. Sloan Construction Co.Court of Appeals of South Carolina · 1985
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