Beverly's case, 1 N.C. 224, 1 Mart. 224 (1793)

1793 · United States Circuit Court for the District of North Carolina

1 N.C. 224, 1 Mart. 224

Beverly's case.

Trin. 3 Car.

HE was indicted for a forcible entry in the moiety of a manor; and the first exception was, that it did not say that he entered manu forti. But it was overruled, for it is sufficient if the extra tenuit be manu forti, and with force.

2. He could not enter on the moiety of an entire thing, but it must be an entry in the whole, for an entry on an entire thing cannot be apportioned.

Jones, J.

A man may enter in the moiety of a manor, and it will not be an entry in the other. But it is otherwise with parceners.

Doderidge, J.

Before partition, one parcener has dimidium manerii afterwards medietatem. For dimidium is of a thing before the division, as between tenants in common and joint tenants. But medietas is the half part divided; and separated, and this distinction is taken in the commentaries. Yet as to the privileges of the manor, it is one manor, and not the half of a manor, after partition. It may be well alledged in such a case, that the entry is in the moiety of the manor. The court held that the exception was vain.