Bernhardt v. . Hagamon
Supreme Court of North Carolina
Civil aotioN, tried before Guión, and a jury, at January Special Term of the Superior Court of Caldwell County. Erom a judgment in favor of defendant the plaintiff excepted and appealed. The facts are sufficiently stated in the' opinion.
1Opinion of the CourtClark, C. J.
In 1881, F. B. Cottrell executed a deed in trust to John A. Boyden to secure certain notes due to Mary L. Boyden. Soon thereafter the trustee entered into possession, which has been held by him and by his co-defendant, Uagamou. (to whom he conveyed a part of the land in 1899), without any claim or demand from Cottrell. In July, 1906, the plaintiff procured a conveyance from Cottrell and soon thereafter brought this action for an accounting, and asking an injunction against cutting timber.
The ten years’ statute (Rev., sec. 391, 4) is pleaded and is so complete a defense that no discussion is…
2Cases cited1 opinion
- Edwards v. . TiptonSupreme Court of North Carolina · 1881
3Cited by5 opinions
- Crews v. . CrewsSupreme Court of North Carolina · 1926
- Sanderlin v. CrossSupreme Court of North Carolina · 1916
- Sanderlin v. . CrossSupreme Court of North Carolina · 1916
- Anderson v. MooreSupreme Court of North Carolina · 1951
- Gay v. J. Exum & Co.Supreme Court of North Carolina · 1951