New Hanover Shingle Co. v. John L. Roper Lumber Co.
Supreme Court of North Carolina
Appeal by plaintiffs from Guión, Jat April Term, 1919, of Ostslow. This is an action to recover damages for trespass upon land in which the title was put in issue and was the real question involved in the trial.
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Appeal by plaintiffs from Guión, Jat April Term, 1919, of Ostslow. This is an action to recover damages for trespass upon land in which the title was put in issue and was the real question involved in the trial. Plaintiffs claim title to the land in question under a deed from the State Board of Education to one Carrier, dated 3 July, 1896. The plaintiff offered evidence tending to show that the description in the above deed covered the three tracts of land described in the complaint and evidence to locate said land. Plaintiffs then offered in evidence mesne conveyances, connecting themselves…
1Opinion of the CourtAlleN, J.
The statute conferring title to certain lands on the president and directors of the Literary Fund, to which the State Board of Education is the successor, excepts from its operation swamp lands “heretofore entered and granted to individuals” (Eev. Stat., ch. 67, sec. 3), and it follows that when the defendants introduced a grant from the State to David Allison, issued in 1795, and mesne conveyances to the defendants, covering the land described in tlie complaint, they rebutted any presumption raised by statute in favor of the deed of the State Board of Education of date 3 July, 1896.
The…
2Cases cited2 opinions
- Starke v. . EtheridgeSupreme Court of North Carolina · 1874
- Den Ex Dem. Avery v. RoseSupreme Court of North Carolina · 1834
3Cited by2 opinions
- McClure v. . CrowSupreme Court of North Carolina · 1929
- State v. BrooksSupreme Court of North Carolina · 1971