Boyce v. . Williams
Supreme Court of North Carolina
Civil Action tried at August Special Term, 1880, of DupliN Superior Court, before SchencJc, J. This action begun before a justice of tiie peace and re* moved by appeal to the superior court is to recover the-value of certain cattle, talcenby the defendant from the plaintiff’s-possession and converted to his own use.
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Civil Action tried at August Special Term, 1880, of DupliN Superior Court, before SchencJc, J. This action begun before a justice of tiie peace and re* moved by appeal to the superior court is to recover the-value of certain cattle, talcenby the defendant from the plaintiff’s-possession and converted to his own use. The defendant claimed a right to take the cattle under a mortgage of them by one Haywood Pearsall to Harper Williams, the- defend'ant’s father, and he testified that the mortgage deed was-made at his house and witnessed by himself, his father nob being present, and he caused it to…
1Opinion of the Court
Smith, C. J.,
after stating the case. Such we understand to be the instruction under which a verdict was rendered in favor of the plaintiff for the value of the cattle and to which exception is taken.
The action is for property taken and converted to the defendant’s use, and not for damages for an invasion of the plaintiff’s possessory right, and under the former practice would in form be trover instead of trespass.
The action of trespass is for an injury to the possession, ■and compensation in damages is recovered against a wrongdoer, commensurate with the injury sustained. In either form of…
2Cited by5 opinions
- United States v. Currituck Grain, IncorporatedCourt of Appeals for the Fourth Circuit · 1993
- Vinson v. Knight.Supreme Court of North Carolina · 1905
- American Surety Co. v. BakerCourt of Appeals for the Fourth Circuit · 1949
- Herring v. CreechSupreme Court of North Carolina · 1954
- Hill v. . BuxtonSupreme Court of North Carolina · 1883