State v. . Hovis
Supreme Court of North Carolina
Indictment — Removing fence, &c. • Ikdictmekt .under the Statute (Bat. Rev. cb. 32, § 93,) for removing a fence surrounding a cultivated field, tried at Fall Terra, 1876, of LINCOLN Superior Court, before Schenck, ■J. It appeared that the prosecutor owned a store near Ore Bank in Lincoln County and a small parcel of land adjoining, which he had in cultivation.
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Indictment — Removing fence, &c. • Ikdictmekt .under the Statute (Bat. Rev. cb. 32, § 93,) for removing a fence surrounding a cultivated field, tried at Fall Terra, 1876, of LINCOLN Superior Court, before Schenck, ■J. It appeared that the prosecutor owned a store near Ore Bank in Lincoln County and a small parcel of land adjoining, which he had in cultivation. He was in possession in 1875 and continued therein until' April 1876, when the defendant pulled down the fence and hauled away the rails. It further appeared that about six years before this occur-u’ence, the defendant fenced and…
1Opinion of the CourtFaiRcloth, J.
It was decided in State v. Graves, 74 N. C. 396, that rails made into a fence are real property and that removing them would not be a forcible trespass on personally nor larceny at common law. This principle however does not affect the present ease, as the offence charged is •embraced by the express terms of § 93, ch. 32, Battle’s Revi sal.
The prosecutor was in the actual quiet possession of the-fence around his field in cultivation and had been for more than a year when the defendant pulled it down. This possession could not be disturbed by any adverse claimant in. this “short hand” way,…
2Cases cited1 opinion
- State v. . GravesSupreme Court of North Carolina · 1876
3Cited by9 opinions
- State v. DavenportSupreme Court of North Carolina · 1911
- State v. . DavenportSupreme Court of North Carolina · 1911
- State v. BakerSupreme Court of North Carolina · 1949
- State v. . FenderSupreme Court of North Carolina · 1899
- State v. . HowellSupreme Court of North Carolina · 1890
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