Lanier v. John L. Roper Lumber Co.
Supreme Court of North Carolina
Appeal by plaintiff from Guión, J., at the January Term, 1919, of Duplex. This is an action against the Roper Lumber Company to recover damages for cutting certain timber on the land described in the complaint, and against the administrator and heirs of Jefferson Lanier to recover the purchase price of the same.
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Appeal by plaintiff from Guión, J., at the January Term, 1919, of Duplex. This is an action against the Roper Lumber Company to recover damages for cutting certain timber on the land described in the complaint, and against the administrator and heirs of Jefferson Lanier to recover the purchase price of the same. In 1898 John T. Batts, who was then the owner of the land, executed a deed purporting to convey -the same to the plaintiff, who was then under twenty-one years of age. This deed was not registered until 5 February, 1904. On 27 November, 1902, the said Batts sold this land and other…
1Opinion of the CourtAllen, J.
The two causes of action alleged in the complaint — one-against the Roper Lumber Company to set aside the deeds under which it claims and recover damages for cutting the timber on the land, and the other against the administrator and heirs of Jefferson Lanier to-recover the purchase money of the land — are inconsistent and cannot be prosecuted at the same time, as one repudiates the deed executed to the Blades Lumber Company and the other affirms it; but as there is no objection made on the ground of a misjoinder, we will consider the *204■causes of action separately, although we might dispose of…
2Cases cited9 opinions
- Collins v. Davis.Supreme Court of North Carolina · 1903
- Griffin v. Lumber Co.Supreme Court of North Carolina · 1906
- Merrimon v. Paving Company.Supreme Court of North Carolina · 1906
- Quinnerly v. . QuinnerlySupreme Court of North Carolina · 1894
- Wallace, Elliott & Co. v. CohenSupreme Court of North Carolina · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Turner v. . GlennSupreme Court of North Carolina · 1942
- Furst v. . MerrittSupreme Court of North Carolina · 1925
- Eaton v. . DoubSupreme Court of North Carolina · 1925
- Colt v. . KimballSupreme Court of North Carolina · 1925
- Dorman v. GoodmanSupreme Court of North Carolina · 1938
18 more not listed; retrieve them via the Exa API.