Opinion · Nclaw North Carolina

RAYNOR v. DOWDY, 5 N.C. 279 (1809)

RAYNOR v. DOWDY & BENTHALL., 5 N.C. 279 (N.C. 1809)

Type: Opinion
Court: Nclaw North Carolina
Jurisdiction: Nclaw
Date: 1809-01-01
Topic: general

RAYNOR v. DOWDY, 5 N.C. 279 (1809) RAYNOR v. DOWDY AND BENTHALL.Supreme Court of North Carolina July Term, 1809. From Bertie. The County Court may grant to a man the privilege of erecting and keeping a ferry, although he does not own the lands on either side of the river or creek over which the ferry is established.

Citator

UpLaw has not yet analyzed RAYNOR v. DOWDY, 5 N.C. 279 (1809). The absence of a flag is not a finding that it is good law.

RAYNORv. DOWDY,5 N.C. 279(1809)

RAYNOR v. DOWDY AND BENTHALL.

Supreme Court of North Carolina

July Term, 1809.

From Bertie.

The County Court may grant to a man the privilege of erecting and keeping a ferry, although he does not own the lands on either side of the river or creek over which the ferry is established.

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

Cherryfor plaintiff. (280)

BY THE COURT.

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.Cited: Pipkin v. Wynn,13 N.C. 402..Page 198

(281)