Gaskins v. Davis
Supreme Court of North Carolina
Civil action, tried before Bynum, J., at Fall Term, 1893, of Craven Superior Court. The plaintiff sought to recover damages for the entry upon his land by the defendant, after being forbidden, and the cutting and carrying away a large amount of valuable timber therefrom.
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Civil action, tried before Bynum, J., at Fall Term, 1893, of Craven Superior Court. The plaintiff sought to recover damages for the entry upon his land by the defendant, after being forbidden, and the cutting and carrying away a large amount of valuable timber therefrom. The defendant answered— “ 1. That at the time he entered upon the lands described in the complaint in the first article thereof, he honestly and bona fide believed that he was the owner of that portion thereof from which the timber was taken as hereinafter stated and explained, and did not ascertain the contrary until after a…
1Opinion of the Court
Avery, J.:
The plaintiff’s complaint is in the nature of a declaration for trespass in the entry by the defendant upon her land after being forbidden, and cutting, carrying away and converting to his own use valuable timber that was growing thereon, to her damage $500. The logs after being severed were transported to Newbern in two lots, one of which lots were seized by plaintiff after reaching that city, where it was much more valuable than at the stump, and was sold by her for the sum of $112. The other lot was converted into boards and sold by the defendant. The defendant, for a second…
2Cases cited4 opinions
- Weymouth v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1863
- Franklin Coal Co. v. McMillanCourt of Appeals of Maryland · 1878
- Potter v. . MardreSupreme Court of North Carolina · 1876
- Tilden v. JohnsonSupreme Court of Vermont · 1880
3Cited by11 opinions
- Davis v. Wall.Supreme Court of North Carolina · 1906
- Humble Oil & Refining Co. v. AndrewsCourt of Appeals of Texas · 1926
- American Sand & Gravel Co. v. SpencerIndiana Court of Appeals · 1913
- Quigley Furniture Co. v. RheaSupreme Court of Virginia · 1912
- State Ex Rel. Gaines v. WesthuesSupreme Court of Missouri · 1928
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