State v. . Foushee
Supreme Court of North Carolina
This was an INDICTMENT for removing crops without notifying landlord, tried before Rohe, J., and a jury, at the Augirst Term, 1895, of the Superior Court of Moose county.
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This was an INDICTMENT for removing crops without notifying landlord, tried before Rohe, J., and a jury, at the Augirst Term, 1895, of the Superior Court of Moose county. Cn the trial, John L. Godfrey, alleged landlord, testified that he held the land under some agreement or contract with the owner, a Mrs., either of rental or. under contract purchase — court does not now recall which ; and that while so holding said land under his said contract, he rented same to the defendant for the year _, being the year of the alleged removal, and within two years before and prior to bill of indictment,…
1Opinion of the Court
Clark, J.:
This was an indictment for removing crop without notifying the lessor. The indictment set out an agreement to raise the crop on the land of one Godfrey. In the proof it appeared that the title to the land was in another person who rented to Godfrey, who in turn sub-rented to the defendant. His Honor properly held that this was no variance. As to the defendant, Godfrey was landlord and vested with the right to the possession of the crop and unless the rent was paid it could not be removed without notifying him as required by The Oode, 1759.
The testimony was that Godfrey managed the…
2Cited by4 opinions
- State v. . GibsonSupreme Court of North Carolina · 1915
- State v. . HarbertSupreme Court of North Carolina · 1923
- State v. . GibsonSupreme Court of North Carolina · 1915
- State v. . HarbertSupreme Court of North Carolina · 1923