Bruce v. Carolina Queen Consolidated Mining Co.
Supreme Court of North Carolina
ActioN to recover of the defendant Boyd possession of the lands and mining property belonging to the defendant corporation. The cause was referred to Referee M.- Silver, by consent. The referee made his report, and the matter was heard by his Honor, Judge Peebles, at December Term, 1907, of the Superior Court of Bubice County, who overruled all exceptions to the report of the referee and confirmed his report. The defendant Prank W.. Boyd appealed.
1Opinion of the Court
Bbown, J.,
after stating the facts: 1. The evidence supports the finding that this defendant was placed in possession and charge of the land belonging to the defendant mining company as a caretaker by the officers of the corporation. As the action is brought against him by the trustee of the mortgage bondholders of the mining corporation to' recover possession of the land, to which the corporation does not object and files no answer, it is elementary that the defendant Boyd can no more contest his title than he could that of the corporation itself, whose officers employed him and placed him in…
2Cases cited5 opinions
- Keystone Driller Co. v. WorthSupreme Court of North Carolina · 1895
- Nissen v. Genesee Gold Mining Co.Supreme Court of North Carolina · 1889
- Broyhill v. . GaitherSupreme Court of North Carolina · 1896
- Nash v. . SouthwickSupreme Court of North Carolina · 1897
- Cook v. . RossSupreme Court of North Carolina · 1895
3Cited by4 opinions
- Alexander v. . FarrowSupreme Court of North Carolina · 1909
- Porter v. . CaseSupreme Court of North Carolina · 1924
- Nissen v. . Mining CompanySupreme Court of North Carolina · 1889
- Moore v. . R. R.Supreme Court of North Carolina · 1893