Haughton v. . Newberry
Supreme Court of North Carolina
Civil action, tried before Watts, J., at the Spring Term, 1873, of the Superior Court of Chowan county. The facts as .appears of recerá are : In 1860 the defendant.took possession-of a boat, which was claimed by the plaintiff; and .during,that year he,„the .defendant, came to the plaintiff and offered to purchase the boat, stating -at:the •time, it was .in .his possession. Plaintiff -refused to-sell.
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Civil action, tried before Watts, J., at the Spring Term, 1873, of the Superior Court of Chowan county. The facts as .appears of recerá are : In 1860 the defendant.took possession-of a boat, which was claimed by the plaintiff; and .during,that year he,„the .defendant, came to the plaintiff and offered to purchase the boat, stating -at:the •time, it was .in .his possession. Plaintiff -refused to-sell. Plaintiff was absent from the Statehntilthe Fall of1868. In ,187p, ascertaining where -the boat was, he.demanded its possession of defendant, who informed him that he had .¡since purchased the…
1Opinion of the CourtPearson, C. J.
It is alleged by the complaint that’ the ..defendant was in possession of the boat at the commencement of the action, and judgment is demanded for the recovery of the possession of the boat, and damages for its detention, as in the action of detinue under the old system.
On the trial the fact turned out to be that the defendant Was not in possession .of the boat at the commencement of the action, but had sold it and passed the possession to one Mariner. Upon this state of facts, his Honor intimated an opinion that the plaintiff could not recover, and the plaintiff submitted to a non-suit, and…
2Cited by13 opinions
- Sinnott v. . FeiockNew York Court of Appeals · 1901
- Bowen v. KingSupreme Court of North Carolina · 1907
- Fields v. . BrownSupreme Court of North Carolina · 1912
- Riciotto v. ClementCalifornia Supreme Court · 1892
- Dow v. DempseyWashington Supreme Court · 1899
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