Clark v. . Cagle
Supreme Court of North Carolina
Appeal by defendants from Phillips, J., at October Term, 1945, of MoNtgomeet. Modified and affirmed. This action was instituted in 1941 to restrain defendants from cutting timber on plaintiffs’ 30-acre tract of land. Tbe plaintiff Charity Poole Clark is one of the heirs of H. P. Poole, deceased. At the time of his death H. P. Poole owned three tracts of land, containing respectively (1) 7% acres, (2) 64 acres, and (3) 60 acres.
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Appeal by defendants from Phillips, J., at October Term, 1945, of MoNtgomeet. Modified and affirmed. This action was instituted in 1941 to restrain defendants from cutting timber on plaintiffs’ 30-acre tract of land. Tbe plaintiff Charity Poole Clark is one of the heirs of H. P. Poole, deceased. At the time of his death H. P. Poole owned three tracts of land, containing respectively (1) 7% acres, (2) 64 acres, and (3) 60 acres. The 64-acre tract has no relation to this controversy and may be disregarded. After the death of H. P. Poole in 1927 his lands were partitioned among his heirs and to…
1Opinion of the CourtDeviN, J.
The defendants assign as error the ruling of the trial judge in approving and confirming the denial by the referee of their motion for judgment of nonsuit. It was contended that plaintiffs had not offered sufficient evidence to locate the 30-acre tract of land on which it was alleged the defendants had trespassed.
The action, which had been originally instituted to restrain timber cutting on plaintiffs’ land, had resulted in a consent judgment establishing the plaintiffs’ title, as heirs of H. P. Poole, to the three tracts of land described in the judgment from which the 30-acre tract had been…
2Cases cited6 opinions
- Anderson v. . McRaeSupreme Court of North Carolina · 1937
- Likas v. LackeySupreme Court of North Carolina · 1923
- Dent v. English Mica Co.Supreme Court of North Carolina · 1937
- Likas v. . LackeySupreme Court of North Carolina · 1923
- Pack v. . KatzinSupreme Court of North Carolina · 1939
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hoke v. Atlantic Greyhound Corp.Supreme Court of North Carolina · 1947
- Mills v. RichardsonSupreme Court of North Carolina · 1954
- State v. SaultsSupreme Court of North Carolina · 1980
- Branch v. SeitzSupreme Court of North Carolina · 1964
- State v. SaultsSupreme Court of North Carolina · 1980
1 more not listed; retrieve them via the Exa API.