Smith v. New Bern Lumber Co.
Supreme Court of North Carolina
ActioN tried before W. B. Allen, J., and a jury, at Fall Term, 1908, of Jones, to recover damages for cutting timber upon certain lands belonging to plaintiff. .These issues were submitted to the jury: 1. “Was the plaintiff the owner of the land described in the complaint?” Answer: “Yes; a one-half interest.” 2. “If so, did the defendant wrongfully cut timber thereon not conveyed by the deeds of 0. O. Smith to O. M. Heath?” Answer: “Yes.” 3. “If so, did defendant wrongfully…
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ActioN tried before W. B. Allen, J., and a jury, at Fall Term, 1908, of Jones, to recover damages for cutting timber upon certain lands belonging to plaintiff. .These issues were submitted to the jury: 1. “Was the plaintiff the owner of the land described in the complaint?” Answer: “Yes; a one-half interest.” 2. “If so, did the defendant wrongfully cut timber thereon not conveyed by the deeds of 0. O. Smith to O. M. Heath?” Answer: “Yes.” 3. “If so, did defendant wrongfully consume lightwood therefrom ?” Answer: “Yes.” 4. “What damage, if any, is plaintiff entitled to recover?” Answer: “Three…
1Per curiam
It is admitted in the amended answer of the defendant that it claims title to all the timber of certain kinds and dimensions by virtue of the timber deeds from the plaintiff to Heath, and thence by mesne conveyances to the defendant. The timber was cut and the entry made on the lands for the purpose of cutting it in pursuance of such deeds. In consequence the defendant would be estopped from denying plaintiff’s title to the land in an action brought to recover damages for a violation of tbe contract by cutting timber of other kinds and dimensions than such as is authorized by the contract.…
2Cases cited1 opinion
- Monds v. Elizabeth City Lumber Co.Supreme Court of North Carolina · 1902