Robert Bros. v. Hurdle
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Gates County, at the Spring Term 1849, his Honor Judge Manly presiding. This was trover for a quantity of corn, fodder, peas and beans.
Read the full summary
Appeal from the Superior Court of Law of Gates County, at the Spring Term 1849, his Honor Judge Manly presiding. This was trover for a quantity of corn, fodder, peas and beans. The defendant admitted the conversion, and proved, that, in-the Fall of IS 10, he recovered, in ejectment of the plaintiff the land on which the articles Were grown, and was put in possession by the sheriff; at which time, the corn and some part of the peas and beans were growing ; the fodder had been pulled and stacked, and the balance of the peas and beans had been gathered and put into a crib on the premises. They…
1Opinion of the Court
Pearson. J.
There is no error in the instructions. The corn, &c., which urns attached to the land at the time the defendant was put in possession, passed w'ith it.and belonged to him. But the fodder fyc. which had been severed, although on the premises, did not pass with the land; for, it had ceased to be a part thereof, and the defendant had no right to take it. His remedy was an action, not for the specific articles, but for damages, by way of mesne profits. If the defendant had a right to take the specific articles, he would for the same reason be entitled to recover their value in trover…
Also in this document: Per curiam.
2Cited by11 opinions
- Smith v. HowellOregon Supreme Court · 1918
- Hartshorne v. IngelsSupreme Court of Oklahoma · 1909
- Pacific Life Stock Co. v. IsaacsOregon Supreme Court · 1908
- Russell v. . HillSupreme Court of North Carolina · 1899
- Bethea v. JeffresSupreme Court of Arkansas · 1916
6 more not listed; retrieve them via the Exa API.