Dills v. . Hampton
Supreme Court of North Carolina
Civil ACTION, tried before Gudger, Judge, and a jury, at the Fall Term, 1883, of JacksoN Superior Court. The action was brought to recover damages for an alleged trespass committed by the defendant upon a certain piece of land for which the plaintiff alleged he had title.
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Civil ACTION, tried before Gudger, Judge, and a jury, at the Fall Term, 1883, of JacksoN Superior Court. The action was brought to recover damages for an alleged trespass committed by the defendant upon a certain piece of land for which the plaintiff alleged he had title. In his complaint the plaintiff alleged that the defendant entered upon the locus in quo with ■ force and arms, and with divers persons, and tore down his fence and removed it back upon his land so as to throw out of his inclosure a strip of his cultivated land one hundred yards long and from eighteen to twenty-seven feet…
1Opinion of the CourtAshe, J.
(after stating the facts as above). The instructions asked 'by the defendant are predicated upon the idea that this is an action in the nature of trespass quare clausum fregit. If so, there would be error in the refusal of His Honor to give the instructions prayed for by the defendant. But the defendant has misconceived the plaintiff’s cause of action. Upon the facts stated, the nature of the action is trespass on the case, and the instructions asked are not applicable to such an action, and we, therefore, hold there was no error in the refusal of His Honor to give them. When the facts of a…
2Cases cited4 opinions
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Lewis v. . SloanSupreme Court of North Carolina · 1873
- Moore v. . HobbsSupreme Court of North Carolina · 1877
- Hamilton & Rossville Hydraulic Co. v. Cincinnati, Hamilton & Dayton RailroadOhio Supreme Court · 1876
3Cited by4 opinions
- Tise v. . Whitaker-Harvey Co.Supreme Court of North Carolina · 1907
- Westbrook v. Wilson.Supreme Court of North Carolina · 1904
- Tise v. Whitaker-Harvey Co.Supreme Court of North Carolina · 1907
- Fitzrandolph v. . NormanSupreme Court of North Carolina · 1817