Knight v. John L. Roper Lumber Co.
Supreme Court of North Carolina
Appeal by defendant from Peebles, J., at November Term, 1914, of CRAVEN. Civil action -to recover damages for wrongfully cutting timber on a tract of land; involving also an issue as to title. The action was instituted on 10 April, 1912. Title was admitted to be out of the State.
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Appeal by defendant from Peebles, J., at November Term, 1914, of CRAVEN. Civil action -to recover damages for wrongfully cutting timber on a tract of land; involving also an issue as to title. The action was instituted on 10 April, 1912. Title was admitted to be out of the State. As evidence tending to show title, plaintiff intro-dueed a bond for title or contract to convey the land in fee to Wright Knight, ancestor of plaintiffs, from Samuel Peel and wife, Lucinda, bearing date 7 March, 1874, describing the land by specific metes and bounds, and offered evidence tending to show that said…
1Opinion of the CourtHoke, J.
Color of title has been defined as a “paper-writing, usually a deed, which professes and appears to pass the title, but fails to do so.” Norwood v. Totten, 166 N. C., 648.
We were referred by counsel to decisions of other courts to the effect that the bond for title or an executory contract to convey land does not come within the definition, and this on the ground, chiefly, that the instrument in such ease does not purport or profess to pass any title, and, 'further, that the occupation of a vendee under such a paper is not adverse. But, to our minds, and in reference to the principle…
2Cases cited11 opinions
- McNeeley v. South Penn Oil Co.West Virginia Supreme Court · 1903
- Power v. KitchingNorth Dakota Supreme Court · 1901
- Avent v. ArringtonSupreme Court of North Carolina · 1890
- Fain v. GarthrightSupreme Court of Georgia · 1848
- Jasperson v. ScharnikowCourt of Appeals for the Ninth Circuit · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Gulley v. . RaynorSupreme Court of North Carolina · 1923
- Kivett v. . GardnerSupreme Court of North Carolina · 1915
- Hinson v. . KerrSupreme Court of North Carolina · 1919