State v. . R. P. Roseman
Supreme Court of North Carolina
This was an indictment for defacing, &c., & common-school house under the Statute, tried before His Honor, Judge Cannon, at Fall Term 1811, of Rowan Superior Court. There was evidence tending to prove that one T. Kesler had kept possession of the school-house from about 1863, until the time of the alleged injury, and bad the house locked and kept the key.
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This was an indictment for defacing, &c., & common-school house under the Statute, tried before His Honor, Judge Cannon, at Fall Term 1811, of Rowan Superior Court. There was evidence tending to prove that one T. Kesler had kept possession of the school-house from about 1863, until the time of the alleged injury, and bad the house locked and kept the key. It was also in evidence that said Kesler had claimed title to the house some time prior to the alleged injury, had consulted counsel as to his rights, and had been advised that his title thereto was good, and that he communicated his claim…
1Opinion of the CourtReade, J.
If the defendants were in the [adverse possession of the school house, and bonco ftde claiming it as their own, it certainly was not a crime in them to pull it down. It was, therefore important for them to prove that fact, for the words of the Statute are, “shall unlawfully and wilfully demolish, &e.” Rev. Code, ch. 34, sec. 103.
Upon the supposition that the record which was offered and rejected was not sufficient evidence of title upon an issue directly involving title it was certainly evidence tending to ex plain the possession of the defendants and the tona fides of what they did.
The…
2Cited by8 opinions
- State v. . WhitenerSupreme Court of North Carolina · 1885
- State v. . JaynesSupreme Court of North Carolina · 1878
- State v. Rowland Lumber Co.Supreme Court of North Carolina · 1910
- State v. . MarshSupreme Court of North Carolina · 1884
- State v. BoyceSupreme Court of North Carolina · 1891
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