Allen v. Roanoke Railroad & Lumber Co.
Supreme Court of North Carolina
Appeal by defendant from Peebles, J., at September Term, 1915, of Wake. Civil action. From an inspection of the record, it appears that, heretofore, in 1913, J. M. and W. H. Allen instituted an action against the lumber company to restrain cutting of timber on plaintiff’s land in Franklin County and to recover damage for cutting already done; that Nannie R. Sills and her children and heirs at law, grantors in the deed conveying the land to the Allens, had instituted an…
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Appeal by defendant from Peebles, J., at September Term, 1915, of Wake. Civil action. From an inspection of the record, it appears that, heretofore, in 1913, J. M. and W. H. Allen instituted an action against the lumber company to restrain cutting of timber on plaintiff’s land in Franklin County and to recover damage for cutting already done; that Nannie R. Sills and her children and heirs at law, grantors in the deed conveying the land to the Allens, had instituted an action against them in the county of Nash to correct the deed, alleging that the growing timber on tbe land was included in…
1ConcurrenceClark, C. J.
Civil action. From an inspection of the record, it appears that, heretofore, in 1913, J. M. and W. H. Allen instituted an action against the lumber company to restrain cutting of timber on plaintiff's land in Franklin County and to recover damage for cutting already done; that Nannie R. Sills and her children and heirs at law, grantors in the deed conveying the land to the Allens, had instituted an action against them in the county of Nash to correct the deed, alleging that the growing timber on the land was included in the deed by mistake of (340) the parties. Both actions were removed to…
2Cases cited12 opinions
- Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
- Floars v. Ætna Life InsuranceSupreme Court of North Carolina · 1907
- Quinnerly v. . QuinnerlySupreme Court of North Carolina · 1894
- Finishing & Warehouse Co. v. OzmentSupreme Court of North Carolina · 1903
- Hinton v. . LeighSupreme Court of North Carolina · 1889
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Parrish v. Boysell Manufacturing Co.Supreme Court of North Carolina · 1936
- Crawford v. . WilloughbySupreme Court of North Carolina · 1926
- Carter v. West American InsuranceCourt of Appeals of North Carolina · 2008
- Jones v. Carolina Power & Light Co.Supreme Court of North Carolina · 1934
- McClure v. . CrowSupreme Court of North Carolina · 1929
4 more not listed; retrieve them via the Exa API.