State v. . Graham
Supreme Court of North Carolina
Indictment for unlawfully removing a fence, tried before OscojsNE, J., at the Fall- Term, 1860j of Cleaveland Superior Court. The following special verdict was found by the jury: “ The-. fence removed was part of a fence that surrounded a cultivated field in possession of the- prosecutor.
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Indictment for unlawfully removing a fence, tried before OscojsNE, J., at the Fall- Term, 1860j of Cleaveland Superior Court. The following special verdict was found by the jury: “ The-. fence removed was part of a fence that surrounded a cultivated field in possession of the- prosecutor. A grant for- the tract of land, of which- the field in question, formed a part, had issued to the ancestor of the defendant, who was his heir-at-law, and who, as his heir, acquired his title y that the prosecutor had been in the adverse possession of this tract for more than seven years with color of title;…
1Opinion of the CourtManly, J.
It appears from the special verdict in this case, that the portion of the land from which the fence was removed, was not only in possession of the prosecutor, but belonged to him by virtue of possession under color of title. No question, therefore, can be raised upon the case as to the power of the defendant, in an indictment of this character, to exculpate himself by showing that he had title to the land, and, consequently, a right of entry. Whatever may have been intended, the record fails to raise any such question, and we do not think proper to express an opinion upon it.
The only question…
2Cited by2 opinions
- State v. . FenderSupreme Court of North Carolina · 1899
- State v. . TaylorSupreme Court of North Carolina · 1916