Moody v. . Wike
Supreme Court of North Carolina
Appeal by plaintiffs from McElroy, J., at May Term, 1919, of JACKSON. Tbe action is claim and delivery for logs cut from a certain tract of land in said county, and it was admitted by tbe parties litigant tbat tbe title depended on whether the plaintiffs or defendant owned tbe land from which the logs had been cut. His Honor in effect instructed the jury that on the evidence, if believed, the title was independent in the defendant.
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Appeal by plaintiffs from McElroy, J., at May Term, 1919, of JACKSON. Tbe action is claim and delivery for logs cut from a certain tract of land in said county, and it was admitted by tbe parties litigant tbat tbe title depended on whether the plaintiffs or defendant owned tbe land from which the logs had been cut. His Honor in effect instructed the jury that on the evidence, if believed, the title was independent in the defendant. Verdict and judgment for defendant, and plaintiffs excepted and appealed.
1Per curiam
Defendant having the older paper title to the land under a grant of the State, No. 99, to one James Mathis, of date 28 December, 1854, plaintiffs sought to establish ownership of the locus in quo under a deed from one Andrew J. Brown, of date 26 January, 1887, with continuous adverse possession under said deed, and the case on appeal states the position pertinent to plaintiffs’ claim as follows:
“The plaintiff sued out claim and delivery proceedings in said action for certain logs alleged to be wrongfully detained by the defendant and for damages in the sum of $600. The plaintiff claimed that…
2Cases cited3 opinions
- Hodge v. . PowellSupreme Court of North Carolina · 1887
- Stancill v. . JamesSupreme Court of North Carolina · 1900
- Fitch v. WalshNebraska Supreme Court · 1913
3Cited by3 opinions
- Thorpe v. . ParkerSupreme Court of North Carolina · 1930
- Thorpe v. ParkerSupreme Court of North Carolina · 1930
- Dorsey v. . Mining Co.Supreme Court of North Carolina · 1919