Brazier v. . Ansley
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Chatham County, at the Spring Term 1850, His Honor, Judge Bat-tlb, presiding. The following is the case sent up from the Court below: This was an action of trover for a parcel of corn. — - Plea, not guilty.
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Appeal from the Superior Court of Law of Chatham County, at the Spring Term 1850, His Honor, Judge Bat-tlb, presiding. The following is the case sent up from the Court below: This was an action of trover for a parcel of corn. — - Plea, not guilty. On the trial the plaintiff introduced a witness named Brown, who testified, that, during the year 1845, he worked with the defendant on a farm of the latter and was to have a fourth part of the corn made upon it for his services ; that, before the corn was gathered, he sold his interest in it to the plan tiff for $40 ; that wishing to leave the…
1Opinion of the Court
Nash J.
To sustain the action of trover, the right of property in the thing claimed, and of possesion at the time of the alleged conversion, must be united in the plaintiff, and lie must prove that, while the property was his, the defendant converted it. Gordon v. Harper, 7th Term 9. Harwood v. Smith, 2nd Term 750. Lewis v. Moody, 4 Dev. and Bat. 323. In this case it is denied by the defen. danl, that the plaintiff had any title to the corn sued for or that he has converted it. As to the title, the plaintiff urges that the facts proved show that an appropriation was made by the defendant, the…
2Cited by3 opinions
- State v. . AustinSupreme Court of North Carolina · 1898
- Haskins v. . RoysterSupreme Court of North Carolina · 1874
- O'Brien v. WebbDistrict Court, N.D. California · 1921