Bickett v. . Nash
Supreme Court of North Carolina
This is a civil ACTION, which was tried befqre Boykin, J., at February Term, 1888, of UNION Superior Court. This action, commenced in January, 1886, is prosecuted to recover compensation for trespasses alleged to have been committed by the defendant upon land particularly defined and described in the complaint, belonging to the feme plaintiff, and to prevent their threatened repetition by a perpetual injunction.
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This is a civil ACTION, which was tried befqre Boykin, J., at February Term, 1888, of UNION Superior Court. This action, commenced in January, 1886, is prosecuted to recover compensation for trespasses alleged to have been committed by the defendant upon land particularly defined and described in the complaint, belonging to the feme plaintiff, and to prevent their threatened repetition by a perpetual injunction. The plaintiffs state that at a special term of the Superior Court of Union, held in August, 1884, in an action there pending, in which they were plaintiffs and the present defendant…
1Opinion of the CourtSmith, C. J.
(after stating the case.) The only matter averred in the complaint and controverted in the answer in the former action was the truth of the averments of fact by which the title of the devisee of the remainder, derived under item 5 aforesaid, is traced to the feme plaintiff, and whether that devise, in using the words “ the land whereon I now live,” construed in connection with those contained in item 1, “ the house and land whereon she now-lives,” comprehends that claimed in the suit. Both of these questions were conclusively settled by the verdict, and taken in connection with the admissions…
2Cases cited8 opinions
- Tuttle v. . HarrillSupreme Court of North Carolina · 1881
- William Falls v. . Robert F. GambleSupreme Court of North Carolina · 1872
- State v. . BeversSupreme Court of North Carolina · 1882
- Yates v. . YatesSupreme Court of North Carolina · 1879
- Fisher v. Cid Copper Mining Co.Supreme Court of North Carolina · 1886
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3Cited by3 opinions
- Hudson v. Iguano Land & Mining Co.West Virginia Supreme Court · 1912
- Turnage v. . JoynerSupreme Court of North Carolina · 1907
- Woodlief v. Woodlief.Supreme Court of North Carolina · 1904