State v. Jones
Supreme Court of North Carolina
Appeai by defendants from Harding, J., at March Term, 1915, of WlLKES. This is an indictment for forcible trespass. Tbe defendants, employees 5f a railroad company, were engaged in- grading tbe right of way across tbe lands of Jesse Dula, brother of tbe prosecuting witness. They owned adjoining tracts of land on tbe southwest side of Elk Creek. Tbe prosecuting witness also owned land on tbe other side of tbe creek, where be lived.
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Appeai by defendants from Harding, J., at March Term, 1915, of WlLKES. This is an indictment for forcible trespass. Tbe defendants, employees 5f a railroad company, were engaged in- grading tbe right of way across tbe lands of Jesse Dula, brother of tbe prosecuting witness. They owned adjoining tracts of land on tbe southwest side of Elk Creek. Tbe prosecuting witness also owned land on tbe other side of tbe creek, where be lived. Before tbe survey for tbe railroad was made be executed a deed for a right of way across bis land, with tbe stipulation that it should not run between bis dwelling…
1DissentWalker, J.
I cannot agree to tbe ruling in this case, believing it to be contrary to every case heretofore decided by this Court on tbe law of forcible trespass. John T. Dula was in possession of tbe land be claimed as bis own, not being within tbe railroad’s right of way. Whether be bad title or legal claim to tbe land made no difference. Forcible trespass is tbe invasion of tbe possession of another violently or with a strong band; tbe title is never drawn in question. Tbe possession alone is considered. “Right to property-or right of possession is not material, but only tbe fact of possession.” S. v.…
2Cases cited16 opinions
- State v. DavenportSupreme Court of North Carolina · 1911
- State v. WebsterSupreme Court of North Carolina · 1897
- State v. . LaneySupreme Court of North Carolina · 1882
- State v. . McCaulessSupreme Court of North Carolina · 1849
- State v. . PollokSupreme Court of North Carolina · 1844
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