Hutton & Bourbonnais, Inc. v. Cook
Supreme Court of North Carolina
Civil actioN, tried before Ferguson, J., and a jury, at October Term, 1916, of Burke. Plaintiffs allege that defendant J. H. Cook bad trespassed on certain lands described in a deed from Tobias Queen to J. H. Cook, dated 21 February, 1894, and a deed from tbe latter, dated 13 October, 1905, for tbe timber tbereon, consisting of “white pine, poplar, oak, chestnut, and yellow pine which will make merchantable lumber, except chestnut oak,” with the right to cut, saw, and remove…
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Civil actioN, tried before Ferguson, J., and a jury, at October Term, 1916, of Burke. Plaintiffs allege that defendant J. H. Cook bad trespassed on certain lands described in a deed from Tobias Queen to J. H. Cook, dated 21 February, 1894, and a deed from tbe latter, dated 13 October, 1905, for tbe timber tbereon, consisting of “white pine, poplar, oak, chestnut, and yellow pine which will make merchantable lumber, except chestnut oak,” with the right to cut, saw, and remove the same within fifteen years from date of deed. It is further alleged that plaintiffs, by virtue of said deed, are the…
1Opinion of the Court
"Walkeb, J.,
after stating the case: It is evident, we think,-from a proper construction of the pleadings, that the defendant did not intend to deny plaintiffs’ title and right of possession to the land for the purpose of .cutting and removing the timber, if his allegations as to the alterations in his deed to them are not true or, what is the same thing, in legal effect, have not been proven. He admits the execution of the deed from Tobias Queen to himself, and plaintiffs introduced the deed from the defendant to them, both deeds having been registered. The second deed referred to the first…
2Cases cited2 opinions
- Gudger v. White.Supreme Court of North Carolina · 1906
- Little v. . StanbackSupreme Court of North Carolina · 1869
3Cited by25 opinions
- Matthews v. ForrestSupreme Court of North Carolina · 1952
- Potts v. HowserSupreme Court of North Carolina · 1968
- Bowen v. Fidelity BankSupreme Court of North Carolina · 1936
- Lee v. . StewartSupreme Court of North Carolina · 1940
- Hairston v. . Greyhound Corp.Supreme Court of North Carolina · 1942
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