Ousby v. . Neal
Supreme Court of North Carolina
Injun ciion — Receiver. This was a motion to dissolve a restraining order, granted in an action pending in Carteret Superior Court, heard before Avery, J., in Chambers, on December 1st, 1887. The plaintiffs allege that they are the owners of a tract of land described in the complaint, situated in the County of Carteret, containing four hundred acres, more or less; that the defendants, by their agents, &c, after having been for- ’ bidden bjr the plaintiffs so to do, have…
Read the full summary
Injun ciion — Receiver. This was a motion to dissolve a restraining order, granted in an action pending in Carteret Superior Court, heard before Avery, J., in Chambers, on December 1st, 1887. The plaintiffs allege that they are the owners of a tract of land described in the complaint, situated in the County of Carteret, containing four hundred acres, more or less; that the defendants, by their agents, &c, after having been for- ’ bidden bjr the plaintiffs so to do, have trespassed upon the land by cutting down the timber trees growing thereon, selling and carrying off the same, and are now…
1Opinion of the Court
Davis, J.,
(after stating the case). Chapter 401 of the Acts of 1885 provides “ that in an application for an injunction to enjoin a trespass on land, it shall not be necessary to allege the insolvency of the defendant when the trespass complained of is continuous in its nature, or is the cutting or destruction of timber trees.”
The purpose of this action is to recover damages for the alleged trespasses mentioned in the complaint, and to perpetually enjoin the defendants from trespassing on the lands described.
It is insisted by the plaintiffs that it was intended by the Act just recited that in…
2Cases cited1 opinion
- John L. Roper Lumber Co. v. WallaceSupreme Court of North Carolina · 1885
3Cited by5 opinions
- Woodall v. North Carolina Joint Stock Land Bank of DurhamSupreme Court of North Carolina · 1931
- Stewart v. Munger & Bennett, Inc.Supreme Court of North Carolina · 1917
- Kistler v. Weaver.Supreme Court of North Carolina · 1904
- McKay v. . ChapinSupreme Court of North Carolina · 1897
- Sharpe v. . Loane Co.Supreme Court of North Carolina · 1899