Caly v. . Fisher

Court of King's Bench

Caly v. . Fisher

1 N.C. 689

DecidedJuly 5, 1793

StatusPublished

This text of 1 N.C. 689 (Caly v. . Fisher) is published on Counsel Stack Legal Research, covering Court of King's Bench primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Caly v. . Fisher, 1 N.C. 689 (kingsbench 1793).

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Opinion

Ejectione firmae. The case appeared to be this, on evidence: One had several closes, some arable, other of pasture, and others of meadow; and he who pretended to have right to them entered in them all, and made a lease. Afterwards some of the defendant's servants came with his carts in one of the closes, and there was no other proof. CREW, C. J., DODERIDGE and JONES, JJ., directed the jury to find the ejectment of the whole, although no command of the defendant was proved, for any actual entry in the other closes. An ejectment of part of a great close is an ejectment of the whole. Wherefore, etc. Antea, p. 682; Noy, 77.

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Ejectione firmae. The case appeared to be this, on evidence: One had several closes, some arable, other of pasture, and others of meadow; and he who pretended to have right to them entered in them all, and made a lease. Afterwards some of the defendant's servants came with his carts in one of the closes, and there was no other proof. CREW, C. J., DODERIDGE and JONES, JJ., directed the jury to find the ejectment of the whole, although no command of the defendant was proved, for any actual entry in the other closes. An ejectment of part of a great close is an ejectment of the whole. Wherefore, etc. Antea, p. 682; Noy, 77.

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Bluebook (online)

1 N.C. 689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caly-v-fisher-kingsbench-1793.