Mosseller v. . Deaver

Citations

• 11 S.E. 529
• 106 N.C. 494

Syllabus

<p>Forcible Entry — Trespass—Peaceable Possession — Charge of 'the Judge — Nominal Damagss.</p> <p>1. A. went into possession of land in 1884. In March, 1887, B. entered, after notice to A. to quit, but agreed A. should hold until October of that year. A. held until March, 1888, when R. entered and forcibly ejected him. In an action for damages for trespass, the Court charged the jury that if A. was not B.’s tenant, the latter and those acting under him had a right to go on the premises and put A. out by force, if no more force was used than was necessary for that purpose: Held, that sucli charge was error.</p> <p>% Such forcible entry is opposed to public policy, and is made a criminal offence by statute.</p> <p>3. The occupant can recover of the owner for forcible entry only such damages as accrued to him through injury to his person or property by the wrongful invasion thereof — nominal damages for the trespass, and exemplary damages when it is proper to allow them; not having the title, he cannot recover for injury to the land.</p> <p>4. Exemplary damages are awarded if the unlawful act be done in a wanton and reckless manner.</p> <p>5. Forcible entry upon the lands of another, who is in peaceable possession, is unlawful, and this without reference to the amount of force used.</p>