Fisher v. Cid Copper Mining Co.
Supreme Court of North Carolina
Civil ACTION, tried before Montgomery, Judge, and a jury, at Pall Term, 1885, of the Superior Court of DavidsON county. The facts appear in the opinion. The plaintiffs appealed.
1Opinion of the CourtSmith, C. J.
The plaintiffs claim to be owners of the minerals and mines found beneath the surface of the tract of laud mentioned in their complaint, which mines are being worked by the defendant company, and the minerals removed and converted to its own use.
The action is to recover possession of the property, and damages for the alleged trespasses of the company.
The answer denies any right in the plaintiffs to the said minerals, and asserts title both to them and to the territory in which they are buried.
Thus a distinct issue is raised, which the record does not show was put in form, while the jury were…
2Cases cited7 opinions
- Caldwell v. . NeelySupreme Court of North Carolina · 1879
- Staton v. . MullisSupreme Court of North Carolina · 1885
- Rudasill v. . FallsSupreme Court of North Carolina · 1885
- Christenbury v. . KingSupreme Court of North Carolina · 1881
- Ray v. . GardnerSupreme Court of North Carolina · 1880
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3Cited by17 opinions
- Tucker v. . SatterthwaiteSupreme Court of North Carolina · 1897
- Drake v. . HowellSupreme Court of North Carolina · 1903
- Drake v. HowellSupreme Court of North Carolina · 1903
- Wallace v. BellamySupreme Court of North Carolina · 1930
- McCoy v. Cape Pear Lumber Co.Supreme Court of North Carolina · 1908
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