Kirkpatrick v. . Crutchfield
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at May Term, 1919, of Ala-MANCE. This was an action by the plaintiff, 33 years old, the mother of two children, and living with her husband, who is not made a party plaintiff. The defendant was living near by and cultivating a crop on lands of the Southern Power Company, which he had leased for one year, and one William Boswell had also rented a portion of this land and was in possession of it.
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Appeal by defendant from Lyon, J., at May Term, 1919, of Ala-MANCE. This was an action by the plaintiff, 33 years old, the mother of two children, and living with her husband, who is not made a party plaintiff. The defendant was living near by and cultivating a crop on lands of the Southern Power Company, which he had leased for one year, and one William Boswell had also rented a portion of this land and was in possession of it. Said Boswell gave permission to the plaintiff to tie her cows there in a place where there was shrubbery and trees, but no crops planted. The defendant came to where…
1Opinion of the CourtClark, C. J.
The first four exceptions in the defendant’s brief are directed principally to the right of the plaintiff to recover. He contends that the cows were in his lawful possession, being tied on land which he had rented, and that the plaintiff had no right to undertake to prevent his carrying them off, but that she should have resorted to the law to reclaim them. The court charged the jury that the defendant had no right to go there and forcibly take personal property that had been placed there by the defeMant, and which were tied and not damage feasant. The jury found the controverted facts with…
2Cases cited20 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
- Wallace v. Western N. C. RailroadSupreme Court of North Carolina · 1889
- State v. . SmithSupreme Court of North Carolina · 1911
- Clark v. . Traction Co.Supreme Court of North Carolina · 1905
15 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hinnant v. Tidewater Power Co.Supreme Court of North Carolina · 1925
- Croom v. . Lumber Co.Supreme Court of North Carolina · 1921
- Helmstetler v. Duke Power Co.Supreme Court of North Carolina · 1945
- Croom v. Goldsboro Lumber Co.Supreme Court of North Carolina · 1921
- Fordham v. EasonSupreme Court of North Carolina · 1999
9 more not listed; retrieve them via the Exa API.