Weston v. John L. Roper Lumber Co.
Supreme Court of North Carolina
Appeal by defendant from Bragaw, J., at March Term, 1912, of Camden. Civil action. A number of issues were submitted, but it is only necessary to set out two, viz.: 3d. Is the plaintiff the owner of the tract of land first described in the complaint as Lot No. 1 in the New Lebanon Division? Answer: Yes. 7th.
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Appeal by defendant from Bragaw, J., at March Term, 1912, of Camden. Civil action. A number of issues were submitted, but it is only necessary to set out two, viz.: 3d. Is the plaintiff the owner of the tract of land first described in the complaint as Lot No. 1 in the New Lebanon Division? Answer: Yes. 7th. Is the plaintiff the owner of the tract of land described in the complaint as Lot No. 4 in the New Lebanon Division? Answer: No. The jury assessed the plaintiff’s damages at $7,630. From the judgment rendered, the defendant appealed.
1Opinion of the CourtBeowN, J.
This action was brought to try the title to certain lands in Camden County known as Lots Nos. 1 and 4 of the New Lebanon Division, a partition of a large body of land made in 1819 among a large number of tenants in common, and recorded in said county.
In apt time the defendant entered a motion to nonsuit, upon the ground that the plaintiff upon all the evidence had failed to show title in himself to the lands in controversy. This motion was overruled, and the defendant duly excepted.
There are a large number of assignments of error in the record, but in the view taken by a majority of the…
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