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 CourtClark, J.
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 locus in quo (which is front of defendant’s land), and obtained a grant from the *86State therefor, and that the defendant daily trespasses thereon by setting Dutch and pound nets to catch fish, that this in-., terferes with plaintiff’s seining at that place, that defendant has no property above his exemptions, and seeks .damages and injunction against further trespasses.
At the trial, the defendant offered…
2Cases cited4 opinions
- Bond v. . WoolSupreme 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