Raynor v. . Dowdy

Decided July 5, 1809

Supreme Court of North Carolina · decided 1809-07-05

From Bertie. The County Court of Hertford, granted to Raynor, thé Plaintiif, the privilege of erecting and keeping a ferry on Wicacon Creek, The Defendants brought an ejectment against Raynor for the land whereon the ferry was erected, recovered a judgment, and the Sheriff of Hertford County put Benthall in the possession of the land, but refused to put him in possession of the ferry.

Decided 1809-07-05

By the Court.

¶1 We are of opinion that the County Court of Hertford had a right to grant to the Plaintiff the privilege of erecting and keeping a ferry, although he did not own the land on either side of the creek. Let. judgment be entered for the Plaintiff.

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Case posture

Posture: THE County Court of Hertford granted to Raynor, the plaintiff, the privilege of erecting and keeping a ferry on Wicacon Creek. The defendants brought an ejectment against Raynor for the land whereon the ferry was erected, recovered a judgment, and the Sheriff of Hertford County put Benthall in the possession of the land, but refused to put him in possession of the ferry. Benthall demanded possession of the ferry, which being refused, he armed himself with pistols and took possession of the ferry. At the time the County Court of Hertford granted to Raynor the privilege of erecting and keeping this ferry, he did not own the land on either side of the creek. The jury found a verdict for the plaintiff, and assessed damages for the trespass, subject to the opinion of the court upon this question, Whether the County Court of Hertford had a right to grant to Raynor the privilege of erecting and keeping this ferry, when he did not own the lands on either side of the creek. The case being sent to this Court, was argued by

Source: CourtListener

Court

Supreme Court of North Carolina