Tyler v. . Capehart
Supreme Court of North Carolina
Civil ActioN for value of trees cut from land of plaintiffs by W. J. Oapehart, testator of defendants, in excess of $1,177, debt due bim, as per agreement. Tried before Jlolce, J., at May Term, 1899, of Beetie Superior Court upon the plea of res judicata — other defenses by consent being reserved. Ilis Honor gave judgment in favor of plaintiffs upon this issue, and defendants excepted, and appealed.
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Civil ActioN for value of trees cut from land of plaintiffs by W. J. Oapehart, testator of defendants, in excess of $1,177, debt due bim, as per agreement. Tried before Jlolce, J., at May Term, 1899, of Beetie Superior Court upon the plea of res judicata — other defenses by consent being reserved. Ilis Honor gave judgment in favor of plaintiffs upon this issue, and defendants excepted, and appealed. In support of the alleged estoppel, the defendants read in evidence the record of a former suit between the same parties, the complaint therein being as follows; The plaintiffs complaining in this…
1Opinion of the CourtClabK, J.
The plaintiffs brought a former action against the defendants, alleging a conveyance of a certain tract of land to the defendants’ testator in parol trust to reconvey when he had sold timber off the land to the amount of $1,117 due said trastee, and that be “had sold sufficient timber from the land to pay said debt” and asking a reconveyance. This was not contested, and a reconveyance was by consent decreed in that action. The plaintiffs in this action allege that the value of the timber sold from the land by the defendants’ testator while such trustee was $3,600, and seek to recover the…
2Cases cited7 opinions
- Piedmont Wagon Co. v. ByrdSupreme Court of North Carolina · 1896
- Wallace Bros. v. RobesonSupreme Court of North Carolina · 1888
- Williams v. . ClouseSupreme Court of North Carolina · 1884
- Hussey v. . HillSupreme Court of North Carolina · 1897
- Jordan v. . FarthingSupreme Court of North Carolina · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Bockweg v. AndersonSupreme Court of North Carolina · 1993
- Reid v. HoldenSupreme Court of North Carolina · 1955
- Coltrane v. . LaughlinSupreme Court of North Carolina · 1911
- Price v. . EdwardsSupreme Court of North Carolina · 1919
- Southern Distributing Co. v. CarrawaySupreme Court of North Carolina · 1928
55 more not listed; retrieve them via the Exa API.