Wall v. Holloman
Supreme Court of North Carolina
Appeal from Carter, J., at Spring Term, 1911, of Hebteobd. Two actions were brought and by consent are consolidated. Tbe action is brought to recover for tbe wrongful conversion of certain sawmill logs cut from tbe Gatlin land, by Tully Gatlin, who transported them to tbe water at Sumner’s Landing and there sold them to tbe defendant, Luther Holloman, for $84.07, admitted to be tbe value .of tbe logs at tbe water.
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Appeal from Carter, J., at Spring Term, 1911, of Hebteobd. Two actions were brought and by consent are consolidated. Tbe action is brought to recover for tbe wrongful conversion of certain sawmill logs cut from tbe Gatlin land, by Tully Gatlin, who transported them to tbe water at Sumner’s Landing and there sold them to tbe defendant, Luther Holloman, for $84.07, admitted to be tbe value .of tbe logs at tbe water. It is admitted that the logs measured 12,010 feet and were worth in the woods where cut and converted by Tully Gatlin $2 per thousand feet. Defendant before trial tendered judgment…
1Opinion of the CourtBbowN, J.
It is admitted that the logs were cut in good faith by Tully Gatlin under an agreement with Mrs. Wall, the life tenant of the Gatlin land, and that they were transported some distance and at considerable expense to the landing by Tully Gatlin and sold in good faith to defendant — a bona fide purchase without knowledge of any defect in the title. The only question presented relates to the measure of damages for the conversion of the timber.
If plaintiffs were suing Tully Gatlin for damages for a trespass upon the land it is admitted they could recover no more than the value of the timber at the…
2Cases cited5 opinions
- Barton Coal Co. v. CoxCourt of Appeals of Maryland · 1873
- Weymouth v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1863
- Jones v. . R. R.Supreme Court of North Carolina · 1910
- Gaskins v. DavisSupreme Court of North Carolina · 1894
- Bennett v. . ThompsonSupreme Court of North Carolina · 1851
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- Sanders v. WilkersonCourt of Appeals of North Carolina · 1974
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