Waldo v. . Wilson
Supreme Court of North Carolina
Civil actioN to recover certain lands tried at September Term, 1916, of GRa-ham, before Harding, J., upon these issues: 1. Are the plaintiffs the owners and entitled to the possession of the lands described in the complaint? Answer: “No.” 2. Is the defendant’s possession of said land unlawful and wrongful? Answer: “No.” 3. What damage, if any, are the plaintiffs entitled to- recover? Answer : 4. Is the defendant the owner and entitled to the possession of the lands described…
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Civil actioN to recover certain lands tried at September Term, 1916, of GRa-ham, before Harding, J., upon these issues: 1. Are the plaintiffs the owners and entitled to the possession of the lands described in the complaint? Answer: “No.” 2. Is the defendant’s possession of said land unlawful and wrongful? Answer: “No.” 3. What damage, if any, are the plaintiffs entitled to- recover? Answer : 4. Is the defendant the owner and entitled to the possession of the lands described in this answer? Answer: “Yes.” From the judgment rendered, plaintiffs appealed.
1Opinion of the CourtBrowN, J.
This action is brought to recover damages for a trespass upon a certain tract of land described as Entry No. 6317, Grant No. 8032, plaintiffs alleging that they are the owners in fee and in possession of said tract, and that defendant has wrongfully entered and cut valuable timber growing thereon. Plaintiffs further aver that defendant claims an interest in said land adverse to plaintiffs, which pretended claim of title constitutes a cloud on plaintiffs’ title and prevents them from selling or disposing of the same.
The defendant denies the unlawful trespass, sets up title to and possession of…
2Cases cited13 opinions
- Snowden v. . BellSupreme Court of North Carolina · 1912
- Parker v. . BanksSupreme Court of North Carolina · 1878
- McLean v. . SmithSupreme Court of North Carolina · 1890
- Currie v. . GilchristSupreme Court of North Carolina · 1908
- King v. . WellsSupreme Court of North Carolina · 1886
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Gibson v. DudleySupreme Court of North Carolina · 1951
- Stanmire v. . PowellSupreme Court of North Carolina · 1852
- Williamson v. VannCourt of Appeals of North Carolina · 1979