Ward v. Gay.
Supreme Court of North Carolina
ActioN by A. J. Ward against John L. Gay, heard by Judge E. B. Jones, and a jury, at Fall Term, 1904, of the Superior Court of Gates County.
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ActioN by A. J. Ward against John L. Gay, heard by Judge E. B. Jones, and a jury, at Fall Term, 1904, of the Superior Court of Gates County. On the 7th of April, 1900, the plaintiff, by writing sealed and delivered, conveyed to the defendant all the timber trees standing and growing in a certain swamp “down to and upwards of twelve inches across the stump.” ’This swamp contained about fifty acres, and within the boundary of the-swamp was an island from one and one-half to four acres, on which, and above high-water mark, were growing trees of the above dimensions, sufficient to make from…
1Opinion of the Court
Hoke, J.,
after stating tbe case. The descriptive words of the instrument are as follows: “All the pine, poplar and cypress trees now standing and growing on in the swamp on the following lands, situated in Mintonsville Township¡, Gates County, State of North Carolina, and known as a part of the Jordan lands in the swamp bounded by the lands of Leander Howard and Elijah Modlin, leading from said A; J. Ward’s grist-mill to Old Town on Cathron Creek, and others, and containing fifty acres, more or less.” The jury, having answered the first issue “No,” and thereby found that there was no mistake…
2Cases cited3 opinions
- Cobb v. Clegg.Supreme Court of North Carolina · 1904
- Rowe v. Cape Fear Lumber Co.Supreme Court of North Carolina · 1903
- Miles v. BarrowsMassachusetts Supreme Judicial Court · 1877
3Cited by19 opinions
- R. R. v. . R. R.Supreme Court of North Carolina · 1908
- Atlantic & North Carolina Railroad v. Atlantic & North Carolina Co.Supreme Court of North Carolina · 1908
- Sugg v. . GreenvilleSupreme Court of North Carolina · 1915
- Chandler v. . CameronSupreme Court of North Carolina · 1948
- Midyette v. GrubbsSupreme Court of North Carolina · 1907
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