Nichols v. Newsom.
Supreme Court of North Carolina
J-From Hertford. J This was an action of trover for a quantify of light-wood set as a tar-kiln on the Defendant’s land, but not banked or turfed. Upon the trial it appeared, that a judgment bad been obtained against the Defendant, on which an execution was issued and levied on the said lightwood, which was duly advertised and sold and struck off to the Plaintiff as the highest bidder.
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J-From Hertford. J This was an action of trover for a quantify of light-wood set as a tar-kiln on the Defendant’s land, but not banked or turfed. Upon the trial it appeared, that a judgment bad been obtained against the Defendant, on which an execution was issued and levied on the said lightwood, which was duly advertised and sold and struck off to the Plaintiff as the highest bidder. The Plaintiff afterwards applied to the Defendant for liberty to bank, turf, and burn the kiln as it then stood, which liberty the Defendant refused to grant. The Plaintiff then demanded the lightwood, and…
1Opinion of the Court
To support an action of trover, it is necessary for the plaintiff to prove property and right of possession in himself and a conversion by the defendant. It is admitted in this case that the plaintiff has shown property and a right of possession in himself, but it is insisted by the defendant that he has committed no conversion. This leads to the inquiry, "What is a conversion?" Conversion, in legal acceptation, means the wrongfully turning to one's use the personal goods of another, or doing some wrongful act inconsistent with or in opposition to the right of the owner. It is a malfeasance,…
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