Carter v. White
Supreme Court of North Carolina
ActioN by I. C. Carter and others against L. R. White, heard by Judge W. B. Council and a jury, at September Term, 1903, of the Superior Court of Cubeituce: County. Tbe plaintiffs, trustees of Swan Island Olub, prosecute this action against tbe defendant for an alleged trespass upon tbe land described in tbe complaint. They demand judgment for damages and other relief.
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ActioN by I. C. Carter and others against L. R. White, heard by Judge W. B. Council and a jury, at September Term, 1903, of the Superior Court of Cubeituce: County. Tbe plaintiffs, trustees of Swan Island Olub, prosecute this action against tbe defendant for an alleged trespass upon tbe land described in tbe complaint. They demand judgment for damages and other relief. Tbe defendant in bis answer denies tbe ownership as alleged, admits an entry upon the land and sets up title to an undivided interest therein. Appropriate issues were framed and submitted to tbe jury. Tbe plaintiffs introduced…
1Opinion of the Court
CoNNOR, J.,
after stating tbe case. Tbe plaintiffs contend that the defendant is estopped from asserting title to any portion of or interest in tbe land in controversy, first, by tbe verdict and judgment in the civil action rendered at Pali Term, 1896; and, second, by tbe final judgment in tbe special proceedings for partition of September 23, 1898.
Tbe defendant admits that be is estopped to assert any title which be owned at the time of tbe institution of said action and of said special proceding, or which he has derived from tbe parties to said action, or any person claiming under said…
2Cases cited12 opinions
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- William Falls v. . Robert F. GambleSupreme Court of North Carolina · 1872
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