Shook v. . Love
Supreme Court of North Carolina
Appeal by defendants from Allen, J., at February Term, 1915, of BobesoN. Civil action tried upon certain issues submitted to the jury, as follows: 1. Was it agreed between Hector Currie and C. A. Shook, at the time the deed to Shook was delivered, that the timber and rights theretofore conveyed to J. M. Love & Co. under the timber deed made to' them should be excepted? 2. Was said clause omitted from deed by mutual mistake of tbe parties to said deed? 3. Was said clause…
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Appeal by defendants from Allen, J., at February Term, 1915, of BobesoN. Civil action tried upon certain issues submitted to the jury, as follows: 1. Was it agreed between Hector Currie and C. A. Shook, at the time the deed to Shook was delivered, that the timber and rights theretofore conveyed to J. M. Love & Co. under the timber deed made to' them should be excepted? 2. Was said clause omitted from deed by mutual mistake of tbe parties to said deed? 3. Was said clause omitted from said deed by mistake of tbe draftsman of said deed? 4. Wbat was tbe value of tbe timber in dispute herein ? Tbe…
1Opinion of the CourtBeowN, J.
This action is brought by tbe plaintiff to recover damages of tbe defendant for cutting timber upon tbe lands described in tbe complaint and for an injunction prohibiting tbe cutting of same. Tbe defendants answer and admit tbe cutting of tbe timber, claiming it as their own under a deed conveying tbe said timber, executed by Hector Currie (under whom tbe plaintiff claims) to J. M. Love & Co., dated 23 February, 1911, with tbe privilege of three years from said date within which to cut and remove tbe said timber.
Tbe defendants further answer and say tbat tbe plaintiff claims title to tbe land…
2Cases cited1 opinion
- Helms v. Helms.Supreme Court of North Carolina · 1904
3Cited by7 opinions
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- Strickland v. . ShearonSupreme Court of North Carolina · 1926
- Allen v. Roanoke Railroad & Lumber Co.Supreme Court of North Carolina · 1916
- Bank of Union v. RedwineSupreme Court of North Carolina · 1916
- McCallum v. OLD REPUBLIC LIFE INSURANCE COMPANYSupreme Court of North Carolina · 1963
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