Beasley v. Edwards, 211 N.C. 393 (1937)

March 17, 1937 · Supreme Court of North Carolina

211 N.C. 393

H. M. BEASLEY v. HENRY EDWARDS.

(Filed 17 March, 1937.)

Animals § 3—

Where a party lawfully impounds a sow, sells same under provisions of a recorder’s judgment, and pays himself his lawful fees for impounding the sow and his damages caused by the sow, and pays to the owner the amount due him out of the purchase price, O. S., 1850, 1851, the owner may not complain.

Appeal by plaintiff from Granmer, J., at September Term, 1936, of JohNstoN.

Affirmed.

Tbis is an action to recover possession of a red sow, described in tbe complaint.

From judgment on tbe pleadings and on admissions at tbe trial, dismissing tbe action, tbe plaintiff appealed to tbe Supreme Court, assigning error in tbe judgment.

Oiis L. Duncan, Parker & Lee for plaintiff.

A. M. Noble for defendant.

Peb Curiam.

It appears from allegations in the complaint which are admitted in the answer that on or about 1 November, 1935, the defendant lawfully impounded one red sow, which was owned by the plaintiff, and held the said sow in bis possession until bis lawful fees and damages caused by the sow were paid by the plaintiff. C. S., 1850.

It was admitted at the trial that since the commencement of the action, the defendant has sold the sow, as authorized by a judgment of the recorder’s court of Jobnston County, and out of the proceeds of said sale has paid to himself bis lawful fees for impounding the said sow, and bis damages caused by the sow. Plaintiff now has the sow in bis possession, and defendant has paid to plaintiff the amount due him out of the purchase price at the sale. C. S., 1851.

There is no error in tbe judgment dismissing tbe action. It is

Affirmed.