Dill-Cramer-Truitt Corp. v. Jacksonville Lumber Co.
Supreme Court of North Carolina
Appeal by plaintiff from Devin, Jat tbe October Term, 1921, of ONSLOW. This action was brought to recover a tract of land containing seventy-two acres, more or less, which is described in the amended complaint, and the timber thereon, the plaintiffs alleging that the plaintiff M. L. Parker is the owner of the said land, and the Dill-Cramer-Truitt Corporation is the owner of the timber on the same.
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Appeal by plaintiff from Devin, Jat tbe October Term, 1921, of ONSLOW. This action was brought to recover a tract of land containing seventy-two acres, more or less, which is described in the amended complaint, and the timber thereon, the plaintiffs alleging that the plaintiff M. L. Parker is the owner of the said land, and the Dill-Cramer-Truitt Corporation is the owner of the timber on the same. The defendants answered and denied the ownership by plaintiffs, as alleged, of the land or the timber thereon. It appears that the admitted source of title on both sides was William S. Hill, who…
1Opinion of the CourtWalker, J.
This case is not like many of its kind to be found in the books,.where the trials were by jury. The cause was referred, by consent of the parties, to a referee, who' definitely found the facts and stated his •conclusions of law therefrom, his decision being for the defendants, which was adopted and confirmed by the judge upon exceptions thereto, .and judgment given for the defendants.
If we are to be governed at all in our decision of this case by the referee’s findings of fact, which are binding upon us, there being evidence, as there is here, to support them (Bailey v. Hopkins, 152 N. C.,…
2Cases cited19 opinions
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- Stanley v. GreenCalifornia Supreme Court · 1859
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