Ray v. . Gardner
Supreme Court of North Carolina
Civil Action tried at Fall Term, 187&, of BuNcombe Superior Court, before Graves J. The plaint’ff by his own labor in cultivating a tract of land of which he was in possession, raised a crop of oats which at maturity he gathered in bundles and stacked. The defendant’s intestate entered without license, took and carried away the oats and converted them to his own use.
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Civil Action tried at Fall Term, 187&, of BuNcombe Superior Court, before Graves J. The plaint’ff by his own labor in cultivating a tract of land of which he was in possession, raised a crop of oats which at maturity he gathered in bundles and stacked. The defendant’s intestate entered without license, took and carried away the oats and converted them to his own use. The plaintiff had been forbidden to sow the oats by one Mclntire, who occupied an adjoining tract, as the tenant of the plaintiff (intended probably for the defendant). It was admitted on the trial that the defendant claimed the…
1Opinion of the CourtSmith, C. J.
The ruling and the instruction given were in our opinion entirely correct and fully justified by the decision of the court in Brothers v. Hurdle, 10 Ired., 490, the facts of which w ere very similar. In that case the defendant had in an action of ejectment recovered the land upon which the crop had been raised and partly gathered, and was put in possession by the sheriff. He then appropriated to his own use the gathered and ungathered crop, for the former of which the suit was brought. It was held that he was entitled to recover. In the elaborate opinion of the late Chief Justice, he thus…
2Cited by7 opinions
- Churchill v. AckermanWashington Supreme Court · 1900
- Faulcon v. . JohnsonSupreme Court of North Carolina · 1889
- Smith v. HowellOregon Supreme Court · 1918
- Myer v. RobertsOregon Supreme Court · 1907
- Harrison v. . HoffSupreme Court of North Carolina · 1889
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