Brame v. . Clark
Supreme Court of North Carolina
ActioN heard on demurrer to complaint by Lyon, J., February Term, 1908, of YaNce. The plaintiff filed his complaint in the following words, to-wit: “(1) That on or about 25-April, 1907, the defendant, near the village of Dabney, at and in the county of Vance and- State of North Carolina, and near the public road leading from Dabney to Dexter, did unlawfully and forcibly, wickedly and maliciously enter upon a certain lot or parcel of land, then in the possession and occupancy…
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ActioN heard on demurrer to complaint by Lyon, J., February Term, 1908, of YaNce. The plaintiff filed his complaint in the following words, to-wit: “(1) That on or about 25-April, 1907, the defendant, near the village of Dabney, at and in the county of Vance and- State of North Carolina, and near the public road leading from Dabney to Dexter, did unlawfully and forcibly, wickedly and maliciously enter upon a certain lot or parcel of land, then in the possession and occupancy as a residence of plaintiff, with the unlawful, malicious, lascivious and wicked intent and purpose to seduce, debauch…
1Opinion of the CourtCoNNOR, J.
There 'can be no doubt that the plaintiff has alleged an actionable wrong — a trespass upon his possession of real estate. It is elementary that “Every unauthorized and therefore unlawful entry into the close of another is a trespass. From every such entry against the will of the possessor the law infers some damage; if nothing more, the treading down the grass or the herbage.” Ruffin, G. J., in Dougherty v. Stepp, 18 N. C., 371. His Honor’s judgment was clearly correct..Noth parties, however, discussed, although from different points of view, the question of damage, which, upon the…
2Cases cited4 opinions
- Day v. WoodworthSupreme Court of the United States · 1852
- Dougherty v. . SteppSupreme Court of North Carolina · 1835
- Walker v. WalkerSupreme Court of Alabama · 1850
- Duncan v. . StalcupSupreme Court of North Carolina · 1836
3Cited by14 opinions
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- Moore & Chicago Mill & Lumber Co. v. PhillipsSupreme Court of Arkansas · 1938
- Worthy v. . KnightSupreme Court of North Carolina · 1936
- Kirby v. Jules Chain Stores Corp.Supreme Court of North Carolina · 1936
- State v. ClyburnSupreme Court of North Carolina · 1958
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