Hiatt v. . Wade
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Guilford County, at the Spring Term, 1848, his Honor Judge Peaeson presiding. This is Trover for two stacks of hay. Plea, not guilty. Upon the exception, the case appears to be as follows. Adam Sharp owned a tract of land in fee, containing 409 acres, and resided on it. He had a son named Samuel, and he permitted him, upon his marriage, to build also on the land and cultivate the greater part of it.
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Appeal from the Superior Court of Law of Guilford County, at the Spring Term, 1848, his Honor Judge Peaeson presiding. This is Trover for two stacks of hay. Plea, not guilty. Upon the exception, the case appears to be as follows. Adam Sharp owned a tract of land in fee, containing 409 acres, and resided on it. He had a son named Samuel, and he permitted him, upon his marriage, to build also on the land and cultivate the greater part of it. The father and son kept separate houses, and cultivated distinct portions of the land. After they had thus continued many years, Adam Sharp in May 1842…
1Opinion of the CourtRuffin, C. J.
A point obscurely appears in the case, of which something might, possibly, have been made for the defendant, if it had been urged on the trial. It is, that Adam Sharp, by the consent of his son and the plaintiff, actually occupied parts of the land, he had conveyed, including the meadows on which the grass grew, and, as he remained on the land for about five months of the year 1845, that he was entitled to the grass then growing and could, consequently, sell it. However that might be, the question was not raised on the trial, and therefore cannot be considered here.
On the point which was…
2Cited by2 opinions
- Brinkley v. Brinkley.Supreme Court of North Carolina · 1901
- Triplett v. . WitherspoonSupreme Court of North Carolina · 1874