Idol v. . Jones
Supreme Court of North Carolina
From Stokes. Case for words tried on the Fall Circuit of 1827, before his honor Judge Strange. The declaration contained two sets of counts.
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From Stokes. Case for words tried on the Fall Circuit of 1827, before his honor Judge Strange. The declaration contained two sets of counts. In the first the words were alleged to be, “ he, (the Plaintiff,) has stolen my bee tree in the second, “ he (the Plaintiff) was a rogue, and kept at home a rogue-hole, and harboured rogues”. On the trial, after proof of the publication of the words, the case turned out to be, that the Plaint’ff came to some young men who lived in his family, whet» they were in the act of cutting down a tree which contained honey, and which was claimed by the Defendant,…
1Opinion of the Court
Toomer, Judge.
Things which adhere to the freehold, as trees, are not at common law, the subject of larceny. The severance of them from the soil, without the consent of the owner, is a mere trespass. If they be severed at one time, and left on the land, so as to become personalty, and to be in the constructive possession of the proprietor, and then be subsequently taken away, such removal may be felonious. (4 Bl. Com. 232.) Bees ar & ferae natures,, but when hived and reclaimed by the art and industry of man, he Inis a qualified property in them, by the law of nature. But it has been said,…
2Cited by2 opinions
- Ringgold v. . LandSupreme Court of North Carolina · 1937
- Satterfield Ex Rel. Satterfield v. McLellan Stores Co.Supreme Court of North Carolina · 1939