Conkey v. John L. Roper Lumber Co.
Supreme Court of North Carolina
Civil Action for recovery of an undivided balf interest in laud, and for partition by sale, tried before Starbudc, J., at Eall Term, 1899, of Gates Superior Court. There was ver•dict, with judgment for plaintiff. Defendant appealed. This is the second trial of the case, reported in 124 N. 0., 42, and this appeal is but a rehearing upon the same evidence on the first trial under the guidance of the opinion then delivered.
1Opinion of the CourtMontgomery, J.
This action was before this Court at February Term, 1899, on appeal of the plaintiff, and is reported in 124 N. C., 42, the plaintiff at that time being Jane E. Roscoe. Since that time she has died, and in. the court below Helen Oonkey was made the present plaintiff as sole devisee of all of tire lands of Jane E. Roscoe. By leave of tire Court, when the case was called for trial, the plaintiff was allowed to strike out of secs. 3 and 4, of the complaint, all the lands described therein, except tire “Hill tract” and the “Mills Riddick tract.”
It was agreed by both sides that the damages which…
2Cases cited2 opinions
- Roscoe v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1899
- Johnston v. . PateSupreme Court of North Carolina · 1880
3Cited by8 opinions
- Staton v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
- Winstead v. . WoolardSupreme Court of North Carolina · 1944
- Elliott v. GossSupreme Court of North Carolina · 1959
- Williams v. North Carolina State Board of EducationSupreme Court of North Carolina · 1966
- Stephens v. . ClarkSupreme Court of North Carolina · 1937
3 more not listed; retrieve them via the Exa API.