Cutler v. Roanoke Railroad & Lumber Co.
Supreme Court of North Carolina
ActioN by J. M. land J. A. Cutler against the Roanoke Railroad and Lumber Company, heard by Judge T. A. Mc-Neill and a jury, at Fall Term, 1900, of the Superior Court of WASHINGTON County. From a judgment for the plaintiffs, the defendant appealed.
1Opinion of the Court
Furct-ies, 0. J.
Tbis is an action to recover damages for trespass by defendant on the land of tlie plaintiff, for timber cu'fc and removed from siaid land and to vacate a deed dated tbe 17th of March, 1899, or to have it corrected.
It appeared on tbe trial and Was admitted by ail parties, that the plaintiff bad conveyed all tire timber on tbe land embraced in tbe deed of ‘the 17th of March, 1899, to tbe defendant, by deed dated 28th February, 1887, of a size above 13 inches diameter at the stump; iamd that the time in which defendant was to cut and remove said timber bad not expired by some…
2Cases cited5 opinions
- Medlin v. . BufordSupreme Court of North Carolina · 1894
- McArthur v. . JohnsonSupreme Court of North Carolina · 1867
- Saunders v. . HattermanSupreme Court of North Carolina · 1841
- Lytle v. . BirdSupreme Court of North Carolina · 1855
- Gant v. . HunsuckerSupreme Court of North Carolina · 1851
3Cited by6 opinions
- Furst v. . MerrittSupreme Court of North Carolina · 1925
- Dorsett v. Clement-Ross Manufacturing Co.Supreme Court of North Carolina · 1902
- St. Louis S. F. Ry. Co. v. RichardsSupreme Court of Oklahoma · 1909
- Mills v. LynchSupreme Court of North Carolina · 1963
- Furst & Thomas v. MerrittSupreme Court of North Carolina · 1925
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