Legal Opinion

State v. . Faggart

Supreme Court of North Carolina

Decided December 1, 1915PublishedCited by 11 opinions

Appeal by defendant from Lane, J., at August Term, 1915, of CABARRUS. Indictment for unlawful trespass on land, under Bevisal, sec. 8688. E. A. Barringer, witness for the State, testified: “Some time during the fall of 1913 I rented a farm in No. 9 Township, belonging to me and Maud Barringer, my daughter-in-law, for the two years 1914 and 1915; there were no buildings on the farm at the time I rented the place to John Faggart, and I agreed to build a house and barn on it…

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Appeal by defendant from Lane, J., at August Term, 1915, of CABARRUS. Indictment for unlawful trespass on land, under Bevisal, sec. 8688. E. A. Barringer, witness for the State, testified: “Some time during the fall of 1913 I rented a farm in No. 9 Township, belonging to me and Maud Barringer, my daughter-in-law, for the two years 1914 and 1915; there were no buildings on the farm at the time I rented the place to John Faggart, and I agreed to build a house and barn on it for him, and did so. Faggart was to pay one-third of what he raised on the place as rent, and there was nothing specified…

1Opinion of the Court

WaukbR, J.,

after stating tbe case: Tbe statute under which this indictment was drawn has been tbe subject of much consideration by this Court. It was thought, until tbe decision in S. v. Bryson, 81 N. C., 505, that tbe meaning of tbe Legislature was quite well understood, and that tbe law was enacted to keep off intruders or interlopers, and not to punish those who, in good faith- and under claim of right, bad entered upon land. It was held very soon after tbe adoption of tbe statute that where one, having no legal right, entered upon land under a claim of such right, and in good faith, tbe…

2Cases cited10 opinions

  1. State v. . WhitenerSupreme Court of North Carolina · 1885
  2. State v. . GlennSupreme Court of North Carolina · 1896
  3. State v. Wells.Supreme Court of North Carolina · 1906
  4. State v. . CrossetSupreme Court of North Carolina · 1879
  5. Washington Toll Bridge Co. v. Commissioners of BeaufortSupreme Court of North Carolina · 1879

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. ClyburnSupreme Court of North Carolina · 1958
  2. State v. CookeSupreme Court of North Carolina · 1958
  3. State v. CookeSupreme Court of North Carolina · 1957
  4. State v. BakerSupreme Court of North Carolina · 1949
  5. Kirkpatrick v. . CrutchfieldSupreme Court of North Carolina · 1919

6 more not listed; retrieve them via the Exa API.

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