State v. . Calloway
Supreme Court of North Carolina
This was a criminal action, tried before Norwood, J., and a jury at Pali term, 1896, of Caldwell Superior Court for the willful and unlawful entry upon the land of another and carrying off or being engaged in carrying off any wood or any other property whatsoever growing or being thereon. It was shown in evidence that the defendant Louder milk made an entry on the 24th day of April, 1890, for 640 acres of land, making two calls, then saying various courses to the beginning.
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This was a criminal action, tried before Norwood, J., and a jury at Pali term, 1896, of Caldwell Superior Court for the willful and unlawful entry upon the land of another and carrying off or being engaged in carrying off any wood or any other property whatsoever growing or being thereon. It was shown in evidence that the defendant Louder milk made an entry on the 24th day of April, 1890, for 640 acres of land, making two calls, then saying various courses to the beginning. He never perfected said entry by obtaining a grant ; nor was the entry ever surveyed. He testified that this entry…
1Opinion of the Court
MoNtgomeey, J.:
The defendant was indicted under Section 1070 of The Code (no felonious intent being charged) for the willful and unlawful entering upon the lands of -the prosecutor and carrying off wood. In his defense and to show that he entered under a bona fide claim to the land, he introduced an entry expressed as follows: “ Entry, No. 6545 — F. T. Lowdermilk enters and locates 640 acres of land in Caldwell County, N. C., on headquarters of Wilson’s creek, beginning on a pine, F. T. Louder-milk’s corner, and runs southeast 40 poles, thence northeast, and various other courses so as to…
2Cited by3 opinions
- State v. BakerSupreme Court of North Carolina · 1949
- S. v. . DurhamSupreme Court of North Carolina · 1897
- State v. DurhamSupreme Court of North Carolina · 1897