John L. Roper Lumber Co. v. Richmond Cedar Works & Dismal Swamp Canal Co.
Supreme Court of North Carolina
Appeal by defendant from Whedbee, at July Term, 1914, of Oam-DEN. Action to recover damages for a trespass on the plaintiff’s land, known as the lots numbered 2 and 3 in the New Lebanon Division, which was made in the year 1819. The trespass consisted in cutting roads on the land for the purpose of carting over it, the defendant justifying under a clause contained in the partition decree, reciting that it would be convenient in carting to the Cross Canal for one proprietor…
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Appeal by defendant from Whedbee, at July Term, 1914, of Oam-DEN. Action to recover damages for a trespass on the plaintiff’s land, known as the lots numbered 2 and 3 in the New Lebanon Division, which was made in the year 1819. The trespass consisted in cutting roads on the land for the purpose of carting over it, the defendant justifying under a clause contained in the partition decree, reciting that it would be convenient in carting to the Cross Canal for one proprietor to have the free privilege of using the share of other proprietors for that purpose. Plaintiff asked for a restraining…
1Opinion of the Court
Walker, J.,
after stating the case: The defendant contends, as to both tracts, that plaintiff has had no such adverse possession as ripened his title under color, as the two tracts, designated as Lots 2 and 3 in the New Lebanon Division, were held by plaintiff and claimed by two separate deeds, and were, in fact and in law, to be taken and considered as two separate and distinct tracts of land, which would, therefore, require an adverse possession of each tract during the full period of limitation. It may be admitted, generally, that where the bar of the statute is pleaded, or the benefit…
2Cases cited28 opinions
- Blight's Lessee v. RochesterSupreme Court of the United States · 1822
- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
- Willison v. WatkinsSupreme Court of the United States · 1830
- Robertson v. PickrellSupreme Court of the United States · 1883
- Byrd v. Express Co.Supreme Court of North Carolina · 1905
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3Cited by15 opinions
- Morehead v. HarrisSupreme Court of North Carolina · 1964
- Wilson County Board of Education v. LammSupreme Court of North Carolina · 1970
- Vance v. . GuySupreme Court of North Carolina · 1944
- Crews v. . CrewsSupreme Court of North Carolina · 1926
- Osborn v. . LeachSupreme Court of North Carolina · 1903
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