State v. . Bryant
Supreme Court of North Carolina
CRIMINAL action, tried before Avery, J., at Spring Term, 1888, of Nash Superior Court. The indictment charges that B. F. Amerson " was seized in his demesne as of fee of and in a certain tract of land, situate and Being in the county of Nash, and State aforesaid, with the appurtenances thereof, and the said B. F. Amerson, being so seized thereof as aforesaid, A. Bryant, S. P. Gill and J. W. Murray, in the county of Nash and State aforesaid, afterwards, to-wit, on the…
Read the full summary
CRIMINAL action, tried before Avery, J., at Spring Term, 1888, of Nash Superior Court. The indictment charges that B. F. Amerson " was seized in his demesne as of fee of and in a certain tract of land, situate and Being in the county of Nash, and State aforesaid, with the appurtenances thereof, and the said B. F. Amerson, being so seized thereof as aforesaid, A. Bryant, S. P. Gill and J. W. Murray, in the county of Nash and State aforesaid, afterwards, to-wit, on the fifteenth day of September, 1887, into the said land and appurtenances, with force and arms,' with strong hand and with…
1Opinion of the CourtMerrimon, J.
(after stating the case). An essential element of the offence oí forcible entry, as defined by the statute (The Code, sec. 1028), is that the “lands and tenements, or term of years,” must be not simply in the constructive, but in the actual possession of the person whose possession is charged to have been interfered with. It is the invasion of such actual possession with strong hand or a multitude of people, or a degree of force greater than a simple trespass, that tends to produce a breach of the peace, whether it actually does so or not, that makes up a constituent part of this offence. By…
2Cases cited1 opinion
- State v. . JacobsSupreme Court of North Carolina · 1886
3Cited by6 opinions
- State v. WebsterSupreme Court of North Carolina · 1897
- State v. . NewburySupreme Court of North Carolina · 1898
- State v. . DavisSupreme Court of North Carolina · 1891
- State v. BirkheadCourt of Appeals of North Carolina · 1980
- Drummond v. JohnsonSupreme Court of Oklahoma · 1982
1 more not listed; retrieve them via the Exa API.