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Dougherty v. Stepp
Supreme Court of North Carolina
18 N.C. 371 (1835)
Dougherty (plaintiff) owned a plot of unenclosed land. Dougherty alleged that Stepp (defendant) trespassed upon his land by entering the land with a surveyor and chain carriers, and surveying the land and claiming it as his own. However, Stepp did not mark any trees or cut any bushes on the land. Dougherty brought an action for trespass against Stepp, and the trial judge instructed the jury that Stepp’s actions, if true, did not constitute a trespass. The jury found a verdict for Stepp, and Dougherty appealed.
Rule of Law
Holding and Reasoning (Ruffin, C.J.)
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