Lenoir County, NC - Parrott vs Hartsfield, 1838 ~~~~~~~~~~~~~~~~~~ #2673 PARROTT VS HARTSFIELD NC Supreme Court Case - found at the NC Archives Lenoir County 1838 Benjamin F. Parrott plf - his attorney John H. Bryan - vs Benjamin Hartsfield - Bill of Complaint was plea of trespass and damages of $200 requested - went to Court 1836 Parrott owned a dog, Ring, and said Hartsfield killed him - the def said he was justified - def said he had sheep in his enclosed pasture contiguous to the right of his house - at sunrise in July 1836 the dog was in the pasture killing the sheep - two had already been killed and 4 others were dangerously wounded and died in a few days - the def went after the dog with his gun but he escaped - the dog returned 2 hours later and the def shot and killed him - the dog was opened and he was filled with parts of sheep - the plf insisted the def proved he could not protect his sheep other than by killing the dog - the Court instructed the jury that the burden of proof was on the def. The Court found that a sheep stealing a dog lurking around other's sheep incurred the penalty of death The plf appealed. ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Martha Mewborn Marble ___________________________________________________________________