Legal Opinion

Monds v. Elizabeth City Lumber Co.

Supreme Court of North Carolina

Decided September 16, 1902PublishedCited by 4 opinions

AotioN by Charles Monds against the Elizabeth City Lumber Company, heard by Judge George A. Jones and a jury, at Spring Team, 1902, of the Superior Gouirt of Chowan County.

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AotioN by Charles Monds against the Elizabeth City Lumber Company, heard by Judge George A. Jones and a jury, at Spring Team, 1902, of the Superior Gouirt of Chowan County. Timber Contract — Exhibit “AT This agreement, made this 20th day of March, in-the year • 1888, between E. E. Parrish and Mary J. Parrish, his wife, ' of the county of Chowan, in the State of North Carolina, of the first part, and the Gay Manufacturing Company, of the State of Virginia, of the second or other part, witnesseth.': That in consideration of the stun of one hundred and thirty dollars, agreed to be paid by the…

1Opinion of the CourtFuechies, C. J.

This is stated to be an action to remove a cloud upon the title of plaintiff’s land; but the pleadings and trial of the case resolve it substantially into an action of trespass upon the plaintiff’s land, and crrtting and removing timber therefrom. It appears that on the 20th March, 1888, R. E. Parrish and wife sold and undertook to convey the timber on this land to the Gay Manufacturing Company, for which it paid Parrish $130. On 'the 5th of March, 1892, said Parrish and wife sold and -conveyed said land to the plaintiff by deed in fee simple. The plaintiff at once entered and took…

2Cases cited2 opinions

  1. Rumbo v. Gay Manufacturing Co.Supreme Court of North Carolina · 1901
  2. Davison v. West Oxford Land Co.Supreme Court of North Carolina · 1900

3Cited by4 opinions

  1. Bunch v. Elizabeth City Lumber Co.Supreme Court of North Carolina · 1903
  2. Smith v. SmithSupreme Court of North Carolina · 1965
  3. Smith v. New Bern Lumber Co.Supreme Court of North Carolina · 1908
  4. Smith v. SmithSupreme Court of North Carolina · 1965

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