Horton v. Hensley

Supreme Court of North Carolina
Horton v. Hensley, 23 N.C. 163 (N.C. 1840)
Gaston

Horton v. Hensley

Opinion of the Court

Gaston, Judge.

We see no ground on which this judg-. ment can be impeached. It is not to be questioned but that possession alone is sufficient to maintain an action of trespass *166against mere tort-feasors. The evidence to shew possession in the plaintiff was pertinent, direct and uncontradicted. And in trespass, all procurers, aiders and abettors — nay, those who are not even privy to the commission of a tresspass for their use and benefit, but who afterwards assent to it — are, in judgxnent of law, principals. Com. Dig’t. Tres. C. 1,4 Inst. 317.

The judgment is affirmed.

Per Curiam. Judgment affirmed.

Reference

Full Case Name
MALCOMBE HORTON v. JOHN HENSLEY
Cited By
2 cases
Status
Published