State v. . Turner

Citations

• 10 S.E. 1026
• 106 N.C. 691

Syllabus

<p>Indictment — Negative Averments — Landlord and Tenant — Receivers — Evidence.</p> <p>1. The statute (The Code, § 1759) making the removal of a crop without notice and before discharging liens a misdemeanor, extends to and protects receivers charged with the management of lands.</p> <p>2. “Where such receiver made a lease of turpentine trees, the tenant was estopped to deny his authority to make the lease; but should proof of his authority be required, the highest evidence of it was the order of the Court making the appointment.</p> <p>3. Where an indictment for removing a crop alleged that defendant did ‘‘rent from B.”, and subsequently, that he did remove the crop without satisfying all liens held by said B.”: Held, that this, in effect, sufficiently charged the relation of landlord and tenant, and that the “ liens held by the lessor ” were unpaid at the time of the alleged unlawful removal. 4. In an indictment for removing a crop, it is not necessary to negative the fact that, by agreement between the parties, it was stipulated that the crops should not be subjected to the statutory liens.</p>