Hayes v. Williamson-Brown Lumber Co.
Supreme Court of North Carolina
Civil actioN of trespass quare clausum fregit, tried before Allen, J., and a jury, at August Term, 1919, of Columbus. On issues joined, the jury rendered the following verdict: “1. Is the plaintiff tbe owner of the land in dispute? Answer: 'Yes.’ “2. Did the defendant wrongfully and unlawfully enter upon said lands and cut and remove the timber therefrom, as alleged? Answer: ‘Yes.’ “3. What damage, if any, is the plaintiff entitled to recover of the defendant? Answer:…
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Civil actioN of trespass quare clausum fregit, tried before Allen, J., and a jury, at August Term, 1919, of Columbus. On issues joined, the jury rendered the following verdict: “1. Is the plaintiff tbe owner of the land in dispute? Answer: 'Yes.’ “2. Did the defendant wrongfully and unlawfully enter upon said lands and cut and remove the timber therefrom, as alleged? Answer: ‘Yes.’ “3. What damage, if any, is the plaintiff entitled to recover of the defendant? Answer: ‘$156.25, interest to be added.’” Judgment on' the verdict for plaintiff, and defendant excepted and appealed.”
1Opinion of the CourtHoKE, J.
On the trial plaintiff offered in evidence a line of deeds, beginning in 1829, the last one purporting to convey the property to Sallie Hayes in 1872. There was also testimony on the part of plaintiff tending to show that Sallie Hayes died in 1880; that plaintiff was her child and heir at law, or one of them, and that she and those under whom she claims had been in the actual occupation of the land, asserting ownership under these deeds, having known and visible lines and boundaries, and including the locus in quo for forty-nine or fifty years; that about two years before action instituted,…
2Cases cited6 opinions
- McLean v. . SmithSupreme Court of North Carolina · 1890
- Currie v. . GilchristSupreme Court of North Carolina · 1908
- Simmons v. Defiance Box Co.Supreme Court of North Carolina · 1910
- Bynum v. . ThompsonSupreme Court of North Carolina · 1843
- Ray v. . AndersSupreme Court of North Carolina · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Berry v. . CoppersmithSupreme Court of North Carolina · 1937
- Newkirk v. PorterSupreme Court of North Carolina · 1953
- Davis v. Federal Land BankSupreme Court of North Carolina · 1941
- Ware v. . KnightSupreme Court of North Carolina · 1930
- Ware v. . KnightSupreme Court of North Carolina · 1930