Legal Opinion

State v. Boyce

Supreme Court of North Carolina

Decided September 15, 1891PublishedCited by 4 opinions

CRIMINAL ACTION, tried at Spring Term, 1891, of Buree Superior Court, EoJte, J., presiding. The evidence tended to prove that in October of 1887 the prosecutrix leased to the defendant for the term of three years seven acres of land, “ indicated by certain natural points and objects” that fixed the limits thereof, the same being a part of a larger tract containing thirty-five acres, and he was expressly forbidden to cut any timber outside of' the||land leased to him.

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CRIMINAL ACTION, tried at Spring Term, 1891, of Buree Superior Court, EoJte, J., presiding. The evidence tended to prove that in October of 1887 the prosecutrix leased to the defendant for the term of three years seven acres of land, “ indicated by certain natural points and objects” that fixed the limits thereof, the same being a part of a larger tract containing thirty-five acres, and he was expressly forbidden to cut any timber outside of' the||land leased to him. The evidence further tended to prove that the prosecutrix claimed to have title to the land by virtue of a deed from her…

1Opinion of the CourtMerrijioN, C. J.

after stating the case, proceeded: The defendant is indicted for a violation of the statute {The Code, § 1070) which prescribes as to offenses like that charged, that “ If any person, not being the present owner or bona fide claimant thereof, shall wilfully and unlawfully enter upon the lands of another, and carry off or be engaged in carrying off, any wood or other personal property whatsoever, growing or being thereon, the same being the property of the owner of the premises, or under his control, keeping or care, such person * * * shall be guilty of a misdemeanor.”

It is to be observed that…

2Cases cited7 opinions

  1. Fisher v. Cid Copper Mining Co.Supreme Court of North Carolina · 1886
  2. State v. . CrossetSupreme Court of North Carolina · 1879
  3. Scott v. . ElkinsSupreme Court of North Carolina · 1880
  4. State v. . BrysonSupreme Court of North Carolina · 1879
  5. State v. . WinslowSupreme Court of North Carolina · 1886

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Rickman Manufacturing Company v. GableSupreme Court of North Carolina · 1957
  2. King v. KingWest Virginia Supreme Court · 1917
  3. Union Trust & Deposit Co. v. PaulhamusWest Virginia Supreme Court · 1914
  4. State v. AndrewsCourt of Appeals of North Carolina · 1971

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