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.
1DissentWalker, J.
At May Term, 1815, of tbe county court of Camden County, plaintiff’s assignor and others filed their petition for partition of a large body of land called tbe New Lebanon estate, containing many thousand acres, and alleged therein that they were “tbe owners thereof as tenants in common,” and prayed for a division of said lands according to tbe provisions of tbe statute. In tbe proceedings they are also called “proprietors of tbe New Lebanon estate.” Partition was decreed, and Lot No. 1 was allotted to Enoch Sawyer, Lot No. 4 to Sawyer and Proctor, and Lot No. 12 to Mills and Josiab Riddick.…
2Cases cited51 opinions
- Embry v. PalmerSupreme Court of the United States · 1883
- Turner v. Cross and Eddy, ReceiversTexas Supreme Court · 1892
- Ryan v. United StatesSupreme Court of the United States · 1890
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Hill v. RailroadSupreme Court of North Carolina · 1906
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