Weston v. John L. Roper Lumber Co.
Supreme Court of North Carolina
Appeal by defendant from Whedbee, J., at March Term, 1915, of CAMDEN. This is an action to recover land, and involves the title to tracts Nos. 1 • and 4 of the juniper timbered part of that portion of the Dismal Swamp called “The New Lebanon Division,” and the only question involved in the appeal is whether the plaintiff made out a prima facie case to go to the jury upon the question of title, to .either or both of said tracts.
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Appeal by defendant from Whedbee, J., at March Term, 1915, of CAMDEN. This is an action to recover land, and involves the title to tracts Nos. 1 • and 4 of the juniper timbered part of that portion of the Dismal Swamp called “The New Lebanon Division,” and the only question involved in the appeal is whether the plaintiff made out a prima facie case to go to the jury upon the question of title, to .either or both of said tracts. The title to these two tracts of land was under consideration at March Term, 1912, of the Superior Court of Camden County, and the said cause was argued before this…
1Opinion of the CourtAlleN, J.
No case has been more carefully investigated or more deliberately considered by this Court than the one involving the same sub-: ject-matter between the-same parties, reported in 162 N. C., 165, and the only material difference in the facts, so far as they relate to lot No. 1, is that upon the first appeal the plaintiff did not introduce a grant from the State covering the land in controversy, while on this appeal a grant from the State is in evidence.
This difference in the facts changes the legal aspect of the two appeals, because, with no grant in evidence, the Court dealt with the deed of…
2Cases cited1 opinion
- Den on Demise of Barrow v. ArrentonSupreme Court of North Carolina · 1840