Lee v. . Lee
Supreme Court of North Carolina
Appeal by defendant from Connor, J., at tbe November Term, 1919, of HARNETT. . Tbis is an action to recover damages for trespass on land by entering tbereon and cutting valuable timber trees. Tbe plaintiff alleges tbat be is tbe owner in fee of tbe land described in tbe complaint, and in possession of tbe same, wbicb allegation is' denied by tbe defendant. It is not denied tbat tbe plaintiff was tbe owner of tbe land for life at tbe commencement of tbe action.
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Appeal by defendant from Connor, J., at tbe November Term, 1919, of HARNETT. . Tbis is an action to recover damages for trespass on land by entering tbereon and cutting valuable timber trees. Tbe plaintiff alleges tbat be is tbe owner in fee of tbe land described in tbe complaint, and in possession of tbe same, wbicb allegation is' denied by tbe defendant. It is not denied tbat tbe plaintiff was tbe owner of tbe land for life at tbe commencement of tbe action. At tbe conclusion of tbe evidence, tbe defendant moved for judgment of nonsuit on tbe ground tbat tbe action is one to recover damages…
1Opinion of the CourtAlleN, J.
There is authority for tbe position tbat a tenant for life may recover all-of tbe damages to tbe inheritance, but tbis does not seem to be tbe prevailing rule (Rogers v. Atlantic Company, Anno. Cases, 1916, c. 877, and note), although it-was held in Wheeler v. Tel. Co., 172 N. C., 11, that one in possession, nothing else appearing as to title, may recover tbe entire damages against a wrongdoer, but however tbis may be, one in possession may, in any event, recover nominal damages for tbe-wrongful entry into tbe land, although be suffers no substantial damage. Frisbee v. Marshall, 122 N. C.,…
2Cases cited1 opinion
- Wheeler v. Norfolk-Carolina Telegraph & Telephone Co.Supreme Court of North Carolina · 1916
3Cited by6 opinions
- Matthews v. ForrestSupreme Court of North Carolina · 1952
- Lee v. . StewartSupreme Court of North Carolina · 1940
- Tripp v. . LittleSupreme Court of North Carolina · 1923
- Kinsland v. . KinslandSupreme Court of North Carolina · 1924
- Suggs v. CarrollCourt of Appeals of North Carolina · 1985
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