State v. . Ellen
Supreme Court of North Carolina
'Indictment for wilful Trespass, tried before Mitchell, J., at the Fall Term, 1872, of Ashe Superior Court. The defendants were indicted, under the Statute of 1866, chap. 60, for a wilful trespass on the lands of one Mary Miller, after having been notified, and forbidden to do so.
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'Indictment for wilful Trespass, tried before Mitchell, J., at the Fall Term, 1872, of Ashe Superior Court. The defendants were indicted, under the Statute of 1866, chap. 60, for a wilful trespass on the lands of one Mary Miller, after having been notified, and forbidden to do so. The prosecutrix claimed the right of possession of the land whereon the trespass was committed, in consideration of her husband having claimed it, and held it adversely and cultivated it continuously from the year 1860 to the time of his death; since which time, she and one Jonathan Miller, co-guardians of her…
1Opinion of the CourtBoyden, J.
As we -understand the case, his Honor was right in giving judgment for the defendants upon the case agreed; and his Honor could not have given judgment against the defendants, without substantially disregarding the decision in the case of the State v. Hanks et al., 66 N. C. Rep. 612. Indeed, that was a much stronger case against the defendants, as in that case, the son of the prosecutor, who had cultivated the field invaded for two years, was actually present forbidding the entry which might have resulted in a breach of the peace; and in that case, as intimated in the opinion of the Court,…
Also in this document: Per curiam.
2Cases cited1 opinion
- State v. . Jacob HanksSupreme Court of North Carolina · 1872
3Cited by12 opinions
- Reed v. CommonwealthCourt of Appeals of Virginia · 1988
- State v. . WhitenerSupreme Court of North Carolina · 1885
- State v. BakerSupreme Court of North Carolina · 1949
- State v. . CrossetSupreme Court of North Carolina · 1879
- State v. . BrysonSupreme Court of North Carolina · 1879
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