Felton v. . Hales
Supreme Court of North Carolina
■ Civil action for the recovery of a saw mill, under the provisions of the Code for Claim and Delivery of personal property, tried before Rv,ssell, J., at Spring Term, 1872, of the Superior Court of Wilson. The opinion of the Court contains a statement of the case.
1Opinion of the CourtBotden, J.
This was a case ot claim and delivery. “ The witness testified, that after the plaintiff had put the mill in possession of the defendant, it was agreed that defendant should have it till January. Some said until January, and others the first day of January. That the plaintiff demanded it of the defendant in December; and on the first day of January the summons in this action issued. The defendant’s counsel prayed the Court to instruct the jury that, as there was no demand after the plain tiff (Felton’s) right to possession accrued, plaintiff could not recover.” The Court told the jury that…
2Cited by2 opinions
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