Holley v. Smith.
Supreme Court of North Carolina
ActioN by Thos. D. Holley against William Smith, heard by Judge O. H. Allen and a jury, at November Term, 1901, of the Superior Court of Bebtie County. From a judgment for the plaintiff, the defendant appealed.
1Opinion of the Court
The complaint alleges that the plaintiff entered the land "covered by the waters of Chowan River, which was then and is now a navigable river," with boundaries described, within which is the locusin quo (which is front of defendant's land), and obtained a grant from the State therefor, and that the defendant daily trespasses thereon (86) by setting dutch and pound nets to catch fish; that this interferes with plaintiff's seining at that place; that defendant has no property above his exemptions, and seeks damages and injunction against further trespass.
At the trial the defendant offered to…
2Cases cited5 opinions
- Bond v. . WoolSupreme Court of North Carolina · 1890
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- Stanmire v. PowellSupreme Court of North Carolina · 1852
- Dosh v. Lumber Co.Supreme Court of North Carolina · 1901
- Doe Ex Dem. Lovinggood v. BurgessSupreme Court of North Carolina · 1853
3Cited by10 opinions
- Shepard's Point Land Co. v. Atlantic HotelSupreme Court of North Carolina · 1903
- S. v. . TwifordSupreme Court of North Carolina · 1904
- State v. TwifordSupreme Court of North Carolina · 1904
- R. R. v. . WaySupreme Court of North Carolina · 1916
- Swan Island Club, Inc. v. WhiteDistrict Court, E.D. North Carolina · 1953
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