McAden v. Palmer
Supreme Court of North Carolina
ActioN by J. II. McAden, Trustee, against John Palmer and others, heard by Judge G. S. Ferguson and a jury, at the August Term; 1905, of the Superior Court of CheeoKee. This was an action to recover damages for cutting timber on certain land claimed by the plaintiff. The jury found, among other facts, that the defendants, ‘Barnes, Williams and VanRoden, had wrongfully trespassed and asesssed the damage at $261.12. Erom the judgment rendered, the defendants appealed.
1Opinion of the Court
Brown, J.(1) The principal question appearing upon the record, which it is necessary for us to consider, is that presented by the eighth issue: “Is the defendants’ claim of equity to have the plaintiff declared trustee of the legal title for them, barred by the statute, of limitations ?”
The defendants claim the locus in quo under an entry laid by one John P. Pnett, November 3, 1854. The survey was made on February 22, 1855, and the entry price paid on or before September 9, 1858. John Pnett transferred his entry to D. S. Puett, who, on December 21, 1896, obtained a grant and registered it..
The…
2Cases cited4 opinions
- Speidel v. HenriciSupreme Court of the United States · 1887
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- Janney v. Blackwell.Supreme Court of North Carolina · 1905
- Ritchie v. Fowler.Supreme Court of North Carolina · 1903
3Cited by17 opinions
- Teachey v. . GurleySupreme Court of North Carolina · 1938
- Bowen v. DardenSupreme Court of North Carolina · 1954
- Lynch v. JohnsonSupreme Court of North Carolina · 1916
- Lynch v. . JohnsonSupreme Court of North Carolina · 1916
- Johnson v. Eversole Lumber Co.Supreme Court of North Carolina · 1907
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