Sills v. . Ford
Supreme Court of North Carolina
Civil actioN tried before PeeMes, J., and a jury, at August Term, 1915, of FkaNkliN. The action was brought to restrain the cutting of timber and to recover damages for timber already cut.
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Civil actioN tried before PeeMes, J., and a jury, at August Term, 1915, of FkaNkliN. The action was brought to restrain the cutting of timber and to recover damages for timber already cut. The defendant claimed the pine timber under a deed executed to him by E. W. Gupton and wife on 19 March, 1913, registered 31 March, 1913, and the oak timber under a deed executed by said Gupton and wife to himself on 27 June, 1913, registered 18 December, 1914, which last deed also extended the time for the cutting and removal of the pine timber to 1 April, 1916. The plaintiff claimed under a deed from E.…
1Opinion of the Court
Walter, J.,
after stating the case: There was sufficient proof of the mistake for the consideration of the jury. King v. Hobbs, 139 N. C., 170. Whether it was clear, strong, and convincing, being a question for them to decide, and not for the court. Lehew v. Hewett, 139 N. C., 6; King v. Hobbs, supra; Glenn v. Glenn, 169 N. C., 727. Whether the defendant G. W. Ford would have an equity to correct the deed from E. W. Gupton and wife to John Sills under the law as it was before the enactment of our present registration laws we need not decide, as we base his right to relief, as will hereafter…
2Cases cited19 opinions
- Orthwein v. ThomasIllinois Supreme Court · 1889
- Collins v. Davis.Supreme Court of North Carolina · 1903
- Austin v. . StatenSupreme Court of North Carolina · 1900
- Finishing & Warehouse Co. v. OzmentSupreme Court of North Carolina · 1903
- Robinson v. WilloughbySupreme Court of North Carolina · 1874
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3Cited by41 opinions
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- Hege v. SellersSupreme Court of North Carolina · 1954
- Eaton v. . DoubSupreme Court of North Carolina · 1925
- Homer v. LesterSupreme Court of Oklahoma · 1923
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