Davis v. Frazier
Supreme Court of North Carolina
ActioN beard before J ones, J., and a jury, at November Term, 1908, of GrRANVILLE. There have been temporary restraining- orders issued and served in the cause, and pending the action certain cross-ties have been seized and are now held under process of claim and delivery, issued in the same at plaintiff’s instance.
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ActioN beard before J ones, J., and a jury, at November Term, 1908, of GrRANVILLE. There have been temporary restraining- orders issued and served in the cause, and pending the action certain cross-ties have been seized and are now held under process of claim and delivery, issued in the same at plaintiff’s instance. These cross-ties are claimed by one John Bullock, who has been allowed to interplead for the purpose, and who alleges ‘that he bought and paid for the ties and owned same at the time of action instituted. On the hearing, and as determinative of the controversy, issues were framed…
1Opinion of the Court
Hoke, J.,
after stating the case: The evidence showed that on 31 May, 1905, the plaintiff, by written deed, had conveyed to Heidlebaugh and LeEever all the standing timber on three cer*449tain tracts of land in Granville County, fully described, “which now measures, or shall measure during the term of years hereafter set out, as much as ten inches in diameter at the butt,” etc. “To have and to hold said timber unto the said Heidle-baugh and LeFever and their heirs and assigns, in fee simple, subject to the following conditions and agreements: (1) That the parties of the second part may enter on…
2Cases cited3 opinions
- Jones v. Casualty Co.Supreme Court of North Carolina · 1905
- Epperson v. EppersonSupreme Court of Virginia · 1908
- Hardison v. Lumber Co.Supreme Court of North Carolina · 1904
3Cited by34 opinions
- Internet East, Inc. v. Duro Communications, Inc.Court of Appeals of North Carolina · 2001
- Baggett v. . JacksonSupreme Court of North Carolina · 1912
- Smith v. Ellington-Guy Lumber Co.Supreme Court of North Carolina · 1911
- Stanley v. CoxSupreme Court of North Carolina · 1961
- Seawell v. . HallSupreme Court of North Carolina · 1923
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