Pemberton v. . King
Supreme Court of North Carolina
From Montgomery. Detinue for a steam-engine. Plea Non detinet. On the trial before Norwood, Judge, a verdict was returned for the Plaintiff, subject to the opinion of the Court upon the following facts •; The Plaintiff claimed title to the engine, under a levy made by him as Sheriff of Montgomery, upon a fi.fa. against one Bosxvorth. The Defendant claimed under a sale made by a Constable upon an execution against the same person.
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From Montgomery. Detinue for a steam-engine. Plea Non detinet. On the trial before Norwood, Judge, a verdict was returned for the Plaintiff, subject to the opinion of the Court upon the following facts •; The Plaintiff claimed title to the engine, under a levy made by him as Sheriff of Montgomery, upon a fi.fa. against one Bosxvorth. The Defendant claimed under a sale made by a Constable upon an execution against the same person. At the time of the Plaintiff’s levy and the sale to the Defendant, the engine was standing upon land which Bosworth held for a term of years. The engine was then…
1Opinion of the Court
Ruffin, Judge.
The principal question made at the bar cannot be decided on the case in this record $ for it docs not appear, whether Bosxvorth or his landlord erected the engine, nor the purpose for which it was erected.— The old law was more strict in regard to things becoming part of the freehold by being affixed to it, than it is in modern times. Since trade and the mechanic arts have become such important pursuits, there Isas been a relaxation in their favor. It is unnecessary to consider the question between the executor and heir, or that between the owner of a particular estate and…
2Cited by8 opinions
- Ingold v. Phoenix Assurance Co.Supreme Court of North Carolina · 1949
- DeTorre v. Shell Oil Co.Court of Appeals of North Carolina · 1987
- Springs v. . Refining Co.Supreme Court of North Carolina · 1933
- Ilderton Oil Company v. RiggsCourt of Appeals of North Carolina · 1972
- Springs v. Atlantic Refining Co.Supreme Court of North Carolina · 1933
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