Wilson Lumber & Milling Co. v. Hutton & Bourbonnais Co.
Supreme Court of North Carolina
Appeal from Long, J., at May Term, 1911, of Caldwell. Civil action, trespass to realty. There was verdict for defendant. Judgment on tbe verdict, and plaintiff excepted and appealed. The facts are sufficiently stated in the per curiam opinion.
1DissentClark, C. J.
C., 537, where the map is set out which shows the remarkable nature of the defendant’s contention in this case. In accordance with that decision and its subsequent approval in the opinion by Hoke, J., in Bowen v. Lumber Co., 153 N. C., 369, there is error on the present appeal, for which there should be a new trial.
*448“The reason of the law is the life thereof,” and “when the reason ceases, the law ceases.” These two rules are.well recognized by sound common sense and must be observed to save the law from degenerating into mere technicality.
At common law it was held that when a natural boundary…
Also in this document: Concurring in part, dissenting in part.
2Cases cited15 opinions
- Cherry v. Slade's AdministratorSupreme Court of North Carolina · 1819
- Baxter v. . WilsonSupreme Court of North Carolina · 1886
- Den Ex Dem. Harry v. GrahamSupreme Court of North Carolina · 1834
- Den Ex Dem. Carson v. MillsSupreme Court of North Carolina · 1836
- Peebles v. Graham.Supreme Court of North Carolina · 1901
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