Bowen v. John L. Roper Lumber Co.
Supreme Court of North Carolina
Appeal from Bragaw, J., at February Term, 1913, of WASHINGTON. Civil action for trespass, quare clausum fregit. On issues submitted, the jury rendered the following verdict: 1. Are the plaintiffs the owners of the swamp,land described in the court map as “land in controversy” within the lines of T, X, V, U, and east of the line 8, 9 ? Answer: Tes. 2. If so, did ’ defendant trespass on said lands ? Answer: Yes. 3. If so, is plaintiff’s claim for damages barred by statute, as…
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Appeal from Bragaw, J., at February Term, 1913, of WASHINGTON. Civil action for trespass, quare clausum fregit. On issues submitted, the jury rendered the following verdict: 1. Are the plaintiffs the owners of the swamp,land described in the court map as “land in controversy” within the lines of T, X, V, U, and east of the line 8, 9 ? Answer: Tes. 2. If so, did ’ defendant trespass on said lands ? Answer: Yes. 3. If so, is plaintiff’s claim for damages barred by statute, as alleged? Answer: No. 4. What damages, if any, are plaintiffs entitled to recover? Answer: $1,500. Judgment on the…
1Opinion of the Court
Per Cubiam.
The Court has carefully examined the record, and finds no exception to the proceedings which gives the defendant any just ground of complaint. The title to the land was shown to be out of the State, under a patent to Joseph Dwight, dated in 1758. See Bowen v. Lumber Co., 153 N. C., 366. Plaintiff then exhibited a line of deeds, beginning in 1786 to 1892: three to his own family and himself, bearing date respectively in 1821, 1847, 1892, and offered evidence tending to show that these deeds, more especially those of 1821, 1847, 1892, covered the land in controversy, and that within…
2Cases cited4 opinions
- Bowen v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1910
- Halstead v. . MullenSupreme Court of North Carolina · 1885
- Mason v. . McCormickSupreme Court of North Carolina · 1881
- Daniels v. Roanoke Railroad & Lumber Co.Supreme Court of North Carolina · 1912