Whitaker v. Garren
Supreme Court of North Carolina
Appeal by defendant from Cline, J., at May Term, 1914, of Hen-DERSON. This is an action to recover land, and for damages for cutting and removing timber from the disputed part thereof. The plaintiff claims the land in dispute as part of a tract of land granted from the State to Alf. Williams, 17 December, 1862, and con- • veyed by Alf.
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Appeal by defendant from Cline, J., at May Term, 1914, of Hen-DERSON. This is an action to recover land, and for damages for cutting and removing timber from the disputed part thereof. The plaintiff claims the land in dispute as part of a tract of land granted from the State to Alf. Williams, 17 December, 1862, and con- • veyed by Alf. Williams to W. B. Williams, with covenants q£ seizure and full warranty, 31 May, 1870, and by- Johnson Ashworth, administrator of W. B. Williams, to John W. Whitaker, 2 January, 1883, and conveyed by Sallie Whitaker ef al., representatives of John W. Whitaker,…
1DissentHoke, J.
Tbe.primary purpose of proceedings of tbis character is to ascertain and establish an uncertain or disputed line between adjoining proprietors. In several well considered decisions of tbe Court it has been held tbat tbe parties may, by their pleadings, raise tbe issue as to title, and, when tbis is done, tbe statute directs tbat tbe cause be transferred to tbe Superior Court in term, and becomes, in effect, a civil action to try title to land.
Unless tbis issue is made and tbe cause transferred, tbe proceedings remain as they were instituted, before tbe clerk; and be has no jurisdiction to…
2Cases cited2 opinions
- Vandyke v. . FarrisSupreme Court of North Carolina · 1900
- Midgett v. Midgett.Supreme Court of North Carolina · 1901