48 S.E. 570 | N.C. | 1904
The defendant was indicted for forcible entry and detainer (The Code, sec. 1028), which differs from forcible trespass in that the entry is committed in the absence of the person claiming possession (S. v. Laney,
Besides, the prosecutrix had no possession save by sufferance. She was the sister-in-law of the widowed daughter of the defendant, and lived, by agreement of the defendant with his daughter and her children in a house on the defendant's land till some months after the death of the daughter, when the defendant took his grandchildren to his own (580) home. The prosecutrix remained in the house, keeping her household things therein, notwithstanding the defendant's demand for possession, going to a neighbor's to sleep and returning to the house each day. The prosecutrix was not a tenant; the agreement to live with the daughter and children expired after the death of the daughter and the subsequent removal of the children. That under such circumstances the defendant quietly took possession by unlocking the door and putting on a lock of his own, did not make him guilty of forcible entry. He but resumed possession of his own and without force.
Indeed, in S. v. Davis,
Error. *422
(581)