Dobbs v. Gullidge
Supreme Court of North Carolina
This was an action of trespass qua re clausum fregit, brought originally by William Dobbs, but during the pen-.dency of the suit he died, and the present plaintiff, “the widow and devisee-under the last will and testament of William Dobbs, came into Court, and became party plaintiff.”
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This was an action of trespass qua re clausum fregit, brought originally by William Dobbs, but during the pen-.dency of the suit he died, and the present plaintiff, “the widow and devisee-under the last will and testament of William Dobbs, came into Court, and became party plaintiff.” On the trial at Anson before his Honor Judge Nash, on the last circuit, the plaintiff exhibited a clear title to the tract of land on which the trespass was committed, but she had no other possession than that which the law annexes to the title. The defendant was the owner of an adjoining tract, and about two…
1Opinion of the Court
Gaston, Judge.
The exception taken by the defendant to the charge of the Judge is untenable. Trespass being a remedy for an injury to the possession, cannot be maintained by him who had not possession when the \ffrong was done. But where there is no actual possession in another, the law adjudges him in possession who has the property. This possession, usually called with us constructive possession, is fully sufficient to maintain the action.
If there was no other objection to the judgment below it would be affirmed. But there is .an error apparent on the record which the appellant insists upon,…
2Cited by5 opinions
- Woodlief v. Wester.Supreme Court of North Carolina · 1904
- McMillan v. . HafleySupreme Court of North Carolina · 1815
- State v. Jones.Supreme Court of North Carolina · 1901
- Pitman v. . CaseySuperior Court of North Carolina · 1804
- Woodlief v. Wester.Supreme Court of North Carolina · 1904