Fisher v. Toxaway Co.
Supreme Court of North Carolina
Appeal by plaintiff from judgment rendered by Harding, J., at September Term, 1915, of TkansylvaNia. This is an appeal by the plaintiff from a judgment confirming the report of commissioners appointed to partition certain lands between the plaintiff and the defendant, the plaintiff being entitled to one-eighth and the defendant to seven-eighths thereof.
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Appeal by plaintiff from judgment rendered by Harding, J., at September Term, 1915, of TkansylvaNia. This is an appeal by the plaintiff from a judgment confirming the report of commissioners appointed to partition certain lands between the plaintiff and the defendant, the plaintiff being entitled to one-eighth and the defendant to seven-eighths thereof. During the pendency of the proceeding and between 27 February, 1912, and 17 June, 1912, the defendant made'valuable improvements on said land, consisting in the development of a water power. The cause was referred to Bartlett Shipp, Esq., and…
1Opinion of the CourtAlleN, J.
The exceptions of the plaintiff cannot be sustained.
The finding of good faith on the part of the defendant in making *551improvements is immaterial, as the commissioners followed the judgment of Judge Adams in making the allotment between the plaintiff and the defendant and this judgment “ordered and adjudged that no land shall be allotted to the plaintiff on which are situated the improvements made by the defendant or any part thereof, and that the land allotted to the defendant shall be valued without regard to the improvements made upon said property.”
This judgment established the rights of…
2Cited by3 opinions
- Byrd v. ThompsonSupreme Court of North Carolina · 1955
- Daniel v. Tallassee Power Co.Supreme Court of North Carolina · 1933
- Phillips v. PhillipsCourt of Appeals of North Carolina · 1978