Lumber Co. v. . Lumber Co.
Supreme Court of North Carolina
T-bis is a petition filed by plaintiff to rehear the above-entitled ease which was decided at February Term, 1904, and is reported in 135 N. C., 744. The action was brought to recover damages for cutting timber on land which plaintiff alleges was owned by it at the time the trespass was committed by the defendant, and to which it claimed ownership by virtue of a grant to Weeks and Valentine and mesne conveyances by which it acquired the title so granted and conveyed to them.
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T-bis is a petition filed by plaintiff to rehear the above-entitled ease which was decided at February Term, 1904, and is reported in 135 N. C., 744. The action was brought to recover damages for cutting timber on land which plaintiff alleges was owned by it at the time the trespass was committed by the defendant, and to which it claimed ownership by virtue of a grant to Weeks and Valentine and mesne conveyances by which it acquired the title so granted and conveyed to them. The defendant, not denying that plaintiff is the owner of whatever land is covered by the Weeks and Valentine grant,…
1Opinion of the Court
PLAINTIFF'S APPEAL. DEFENDANT'S APPEAL. After stating the case: When this case was before us at a former term, the learned justice who wrote the opinion of the Court assumed in the course of the argument that the first issue, as prepared at the time of the agreement of counsel, embraced all the land described in the complaint and called for a finding of the jury as to whether the plaintiff was the owner of all, and not merely the owner of a part thereof, and that, afterwards, the issue was so divided as to require the jury to determine, not only whether the plaintiff owned all the land, but,…
2Cases cited18 opinions
- Chaffin v. . Manufacturing Co.Supreme Court of North Carolina · 1904
- Wittenberg v. OnsgardSupreme Court of Minnesota · 1899
- Brunhild v. . FreemanSupreme Court of North Carolina · 1877
- A. H. Stump & Sons v. LongSupreme Court of North Carolina · 1881
- Harris v. . SneedenSupreme Court of North Carolina · 1889
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Matthews v. ForrestSupreme Court of North Carolina · 1952
- Rickert v. RickertSupreme Court of North Carolina · 1972
- Reynolds Ex Rel. Cannon v. ReynoldsSupreme Court of North Carolina · 1935
- Roberta Manufacturing Co. v. Royal Exchange Assurance Co.Supreme Court of North Carolina · 1912
- N. & W. Overall Co. v. HolmesSupreme Court of North Carolina · 1923
16 more not listed; retrieve them via the Exa API.