State v. Walker
| Decision Date | 31 October 1882 |
| Citation | 87 N.C. 541 |
| Court | North Carolina Supreme Court |
| Parties | STATE v. J. R. WALKER. |
INDICTMENT for misdemeanor in removing crop without leave, tried at Fall Term, 1882, of TRANSYLVANIA Superior Court, before Shepherd, J.
The indictment upon which the defendant was tried is as follows:
The jurors for the state present that on the 24th of April in the year of our Lord one thousand eight hundred and eighty-one, at and in the county of Transylvania aforesaid, by contract between them, one W. S. Ashworth demised to J. R. Walker, late of said county, for agricultural purposes, a certain messuage and parcel of land there situate, to have and to hold the same, to the said J. R. Walker for a certain term of years, to wit, for the term of one [[[[omitting the word “year”] then next ensuing, yielding and paying therefor to the said W. S. Ashworth the yearly rent of eighty-two bushels of corn, and in and by said contract of lease it was not agreed by and between the said parties thereto, that the crop which might be raised, grown and made on said messuage and parcel of land during said term by the said J. R. Walker, should not be deemed and held to be vested in possession in the said W. S. Ashworth, before and until the said rent was satisfied and paid to him; and by virtue of said demise, the said J. R. Walker, then and there entered into said messuage and parcel of land and was possessed thereof from thenceforth until the 24th day of April, one thousand eight hundred and eighty-two, in the county aforesaid, and during the period of time last aforesaid, raised, grew and made on said messuage and parcel of land, a certain crop of corn and had the same in his possession. And afterwards, and before satisfying the lien of his aforesaid rent, which the said W. S. Ashworth had on said crop of corn, on the 24th day of April, in the year of our Lord one thousand eight hundred and eighty-two, at and in the county aforesaid, the said J. R. Walker did unlawfully and wilfully remove from and off and outside of said messuage and parcel of land, fifty bushels of corn then and there being found, the same then and there being part of the crop aforesaid which J. R. Walker had raised, grown and made on said messuage and parcel of land, during the aforesaid term, while the said messuage and parcel of land was in his possession as aforesaid, without having first obtained the consent of W. S. Ashworth to such removal, and without first having given the said S. W. Ashworth, or any agent of his, notice of such intended removal of said fifty bushels of corn, contrary to the form of the statute in such case made and provided and against the peace and dignity of the state.
After the jury returned a verdict of guilty, the defendant's counsel moved in arrest of judgment upon the grounds.
1. That inasmuch as Ashworth was not the owner of the land, the bill improperly charged that the lien was in him, but it should have charged that the same was vested in Gash the owner in fee.
2. That the...
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