Smithwick v. . Ellison
Supreme Court of North Carolina
An appeal from ihe Super!ox Court of Marlin county, at tbe Fall Term, 1841, his Honor Judge Dick presiding. This was an action on the case brought to recover damages done to a lot in the town of Williamston. The declaration contained a count in case, for removing from the said lot heaps raked up for manure and a quantity of rails, and a count in trover, for the articles alleged to have been removed.
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An appeal from ihe Super!ox Court of Marlin county, at tbe Fall Term, 1841, his Honor Judge Dick presiding. This was an action on the case brought to recover damages done to a lot in the town of Williamston. The declaration contained a count in case, for removing from the said lot heaps raked up for manure and a quantity of rails, and a count in trover, for the articles alleged to have been removed. The plaintiff first offered in evidence a deed from Asa Biggs to him, dated the 18th February, 1841, conveying the lot in question, and also a deed in trust from Thomas R. Coffield to the said Asa…
1Opinion of the CourtDaniel, J.
This is an action of Trover, which the plaintiff has brought to recover damages of the defendant, for severing from his freehold a parcel of fence-rails, earth and soil and manure, and removing and converting the same to the defendant’s use. The plaintiff purchased the land on the 18th of February, 1841. The defendant had been tenant ot the former owners, and before the date of the plaintiff’s purchase, he had raked in piles the manure which he bad made on the land, and in raking up the manure a portion of the soil was raked up with it. After the purchase of the land by the plaintiff, the…
2Cited by6 opinions
- Springs v. . Refining Co.Supreme Court of North Carolina · 1933
- Ilderton Oil Company v. RiggsCourt of Appeals of North Carolina · 1972
- Springs v. Atlantic Refining Co.Supreme Court of North Carolina · 1933
- Stephens v. CarterSupreme Court of North Carolina · 1957
- Whitesell v. CollisonNew Jersey Court of Chancery · 1922
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