State v. . Lloyd
Supreme Court of North Carolina
Indictment for forcible trespass tried at June Term, 1881, of Wake Superior Court, before Shipp, J. The defendant was charged with having forcibly and with a strong band “ entered the pi'emises of one P. L. Spencer, and there remaining for one hour in the public road in front of the house of said Spencer, using profane and menacing language'towards him in the hearing of his wife and daughter, against the will of said Spencer, and refusing to-leave when ordered so to do, the…
Read the full summary
Indictment for forcible trespass tried at June Term, 1881, of Wake Superior Court, before Shipp, J. The defendant was charged with having forcibly and with a strong band “ entered the pi'emises of one P. L. Spencer, and there remaining for one hour in the public road in front of the house of said Spencer, using profane and menacing language'towards him in the hearing of his wife and daughter, against the will of said Spencer, and refusing to-leave when ordered so to do, the said Spencer being present- and forbidding him so to enter,” <&c. The evidence in the ease is substantially as fellows:…
1Opinion of the CourtRuffin, J.
There seems to -us to be several difficulties in the way of the state’s maintaining this prosecution. Conceding it to be" true generally, that the ownership of land bounded upon a highway carries with it the ownership of the soil to the center of the way, and that the law, nothing else appearing, will presume the one right from the other, we are still not entirely clear that the doctrine applies at all to the streets of a city, in which net only has the public for so long a time enjoyed the right of travel, but the city itself, the right to dig and construct sewers, lay pipe, and the like,…
2Cases cited2 opinions
- State v. . CovingtonSupreme Court of North Carolina · 1874
- State v. . HinsonSupreme Court of North Carolina · 1880
3Cited by8 opinions
- State v. DavenportSupreme Court of North Carolina · 1911
- State v. . DavenportSupreme Court of North Carolina · 1911
- Saunders v. GilbertSupreme Court of North Carolina · 1911
- Saunders v. . GilbertSupreme Court of North Carolina · 1911
- State v. . TalbotSupreme Court of North Carolina · 1887
3 more not listed; retrieve them via the Exa API.