Gilchrist v. . McLaughlin
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Richmond County, at the Spring Term, 1847, his Honor Judge Battle presiding. The facts, on which the questions of law arose in this case, are stated in the opinion delivered in this Court.
1Opinion of the Court
Dantel, J,
This is an action of trespass q. c. fregit. The pleas are, “ liberum tenementum ,” and “ not guilty.” The first plea admits the fact, that the plaintiff was in possession of the close described' in the declaration; and that the defendant did the acts complained of; raising only the question, whether the close described was the defendant’s freehold or not. 2 Greenleaf on Ev. Sec. 626. But under the plea of “ not guilty,” the defendant may give in evidence any matters, which go to show that he never did the acts complained of; for example, that he did not enter the plaintiff’s close ;…
2Cited by12 opinions
- Locklear v. . SavageSupreme Court of North Carolina · 1912
- Alexander v. Richmond Cedar WorksSupreme Court of North Carolina · 1919
- Hill v. Dalton.Supreme Court of North Carolina · 1905
- Gibson v. DudleySupreme Court of North Carolina · 1951
- Alexander v. . Cedar WorksSupreme Court of North Carolina · 1919
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