Hetfield v. . Baum
Supreme Court of North Carolina
Appeal' from the Superior Court of Law of Currituck County, at the Spring Term., 1852, his Honor Judge Battle presiding. This was an action of trespass quare clausum fregit, to which the defendant pleaded the general issue and licence. Upon the trial, it appeared that the alleged trespass was committed upon a tract oí ¡and, to which the plaintiff showed title, and of which he was then in possession.
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Appeal' from the Superior Court of Law of Currituck County, at the Spring Term., 1852, his Honor Judge Battle presiding. This was an action of trespass quare clausum fregit, to which the defendant pleaded the general issue and licence. Upon the trial, it appeared that the alleged trespass was committed upon a tract oí ¡and, to which the plaintiff showed title, and of which he was then in possession. The defendant then showed, that a brig, called the Jnstitia, was wrecked upon the said land, and a sale of her cargo was regularly advertised by the wreck master for the district, and that he and…
1Opinion of the CourtPearson, J.
The sovereign has a right to wrecks, and all property stranded on the sea beach : and, in many countries, this right is exercised, so as to be a source of considerable revenue.
North Carolina has a sea coast, great in extent and very dangerous: and there are probably more wrecks upon her coast during the year, than upon that of any five of the other States. She has, from a very early period, adopted a humane, liberal, and enlightened policy, in reference to wrecks, and may well challenge a comparison of her policy with that of any other nation on earth.
The whole extent of her sea coast is laid…
2Cited by4 opinions
- Smith v. PateSupreme Court of North Carolina · 1957
- Smith v. MooreSupreme Court of North Carolina · 1961
- State Ex Rel. Bruton v. Flying "W" Enterprises, Inc.Supreme Court of North Carolina · 1968
- Newsome v. . HarrellSupreme Court of North Carolina · 1915