State v. . Piper
Supreme Court of North Carolina
INDICTMENT tried at Spring Term, 1883, of Orange Superior Court, before Gilmer, J. t The defendant is indicted under The Code, §1062, for unlawfully and wilfully removing a fence surrounding a cultivated field, the property of Mary S. Nichols.
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INDICTMENT tried at Spring Term, 1883, of Orange Superior Court, before Gilmer, J. t The defendant is indicted under The Code, §1062, for unlawfully and wilfully removing a fence surrounding a cultivated field, the property of Mary S. Nichols. On the trial, the jury found a special verdict, in substance as follows: The defendant .and one Robert A. Nichols entered into an agreement by which Nichols leased a tract of land, in consideration, among other things, that he (Nichols) was to put a fence around the same, which he did. Subsequently Nichols died, and his widow,vthe said Mary, has since…
1Opinion of the CourtMeeeimoN, J.
It appears that the prosecutrix was in the actual possession of and cultivated the field up to the fence, embracing that part removed by the defendant, and that one Whitaker was in possession of the field and cultivated the same on the opposite side of the fence, as lessee of the defendant. The fact that the fence was on the land let to Whitaker cannot alter the case, because it was built by Nichols in his life-time under his lease; he had actual possession of the land up to it, until his death, and his widow, the prosecutrix, had actual possession thereof continuously next after his death,…
2Cases cited1 opinion
- State v. . HovisSupreme Court of North Carolina · 1877
3Cited by5 opinions
- Rickman Manufacturing Company v. GableSupreme Court of North Carolina · 1957
- State v. . FenderSupreme Court of North Carolina · 1899
- State v. . HowellSupreme Court of North Carolina · 1890
- Kemmerer v. Midland Oil & Drilling Co.Court of Appeals for the Eighth Circuit · 1915
- State v. BoyceSupreme Court of North Carolina · 1891