Cook v. Raleigh Lumber Co.
West Virginia Supreme Court
Erorr to Circuit Court, Raleigh County. Action of trespass for cutting timber, by Harvey Cook and others against the Raleigh Lumber Company. Judgment for plaintiffs, and defendant brings error.
1Opinion of the Court
POEFENBARGBR, JUDGE:
In this action of trespass for cutting timber, resulting in a judgment for $2625.00, on a finding by the court, trial by jury having been waived, but two questions were presented, one of title and the other the amount of the damages.
Plaintiffs traced their title to a grant or patent from the Commonwealth of Virginia for about 500 acres of land from a portion of which the timber in question was cut, bearing date Aug. 31, 1847. As to their right to this title there is no dispute. The only question is whether it is junior to the older grant under which the defendant claims…
2Cases cited10 opinions
- Peabody Ins. v. Wilson & BeasleyWest Virginia Supreme Court · 1887
- Mylius v. Raine-Andrew Lumber Co.West Virginia Supreme Court · 1911
- Hylton v. HyltonSupreme Court of Virginia · 1844
- Stockton v. MorrisWest Virginia Supreme Court · 1894
- Love v. TinsleyWest Virginia Supreme Court · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- South Side Lumber Co. v. Stone Construction Co.West Virginia Supreme Court · 1967
- Virginia Railway & Power Co. v. GorsuchSupreme Court of Virginia · 1917
- Heydinger v. AdkinsWest Virginia Supreme Court · 1987
- White Flame Coal Co. v. BurgessWest Virginia Supreme Court · 1920
- Jones v. HebdoWest Virginia Supreme Court · 1921
26 more not listed; retrieve them via the Exa API.