Janney v. Robbins.
Supreme Court of North Carolina
AgtioN by Joseph W. Janney and others against Thomas C. Robbins, heard by Judge 0. PL. Allen and a jury, at the November Term, 1905, of the Superior Court of Caldwell. This was an action to restrain defendant from unlawfully cutting timber on the land of plaintiffs.
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AgtioN by Joseph W. Janney and others against Thomas C. Robbins, heard by Judge 0. PL. Allen and a jury, at the November Term, 1905, of the Superior Court of Caldwell. This was an action to restrain defendant from unlawfully cutting timber on the land of plaintiffs. Defendant, admitting the cutting of timber on certain land referred to in the complaint, denied plaintiffs’ title to the land in controversy, averring that no wrongful cutting or other trespass had been committed by defendant. Issues submitted: 1. As to plaintiffs’ ownership and right to immediate possession of the land sued for.…
1Opinion of the Court
Hoke, J.,
after stating the case: Defendant rests his claim to a new trial on two exceptions, first, that the description in the power of attorney is too vague and indefinite to authorize the conveyance of any land, and second, that the court ruled out the testimony offered with'a view of showing title in defendant by adverse occupation.
On the first point, the authorities in this State are against the defendant’s position. Conceding that a power of attorney to sell and convey real estate must contain on its face sufficient data to permit parol testimony to fit the description to the property,…
2Cases cited6 opinions
- Farmer v. . BattsSupreme Court of North Carolina · 1880
- Austin v. . StatenSupreme Court of North Carolina · 1900
- Carson v. . RaySupreme Court of North Carolina · 1860
- Lindsay v. Beaman.Supreme Court of North Carolina · 1901
- Cowles v. . FergusonSupreme Court of North Carolina · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Eaton v. . DoubSupreme Court of North Carolina · 1925
- King v. . McRackanSupreme Court of North Carolina · 1915
- Bradshaw v. McElroyCourt of Appeals of North Carolina · 1983
- McClure v. . CrowSupreme Court of North Carolina · 1929
- Brown v. HutchinsonSupreme Court of North Carolina · 1911
16 more not listed; retrieve them via the Exa API.