Legal Opinion

Tillotson v. . Fulp

Supreme Court of North Carolina

Decided November 15, 1916PublishedCited by 7 opinions

Civil actioN tried before Shaw, J., at Fall Term, 1915, of Stokes, upon these issues: 1. Where is the true dividing line between lots Nos. 3 and 4, referred to in the pleadings ? Answer: “From black A to black B.” 2. Is the plaintiff the owner and entitled to' the possession of the wood and timber described in the complaint? Answer: “Yes.” 3. What was the value of the wood and timber removed by the defendant? Answer: “$25.” 4. What was the value of the wood and timber seized…

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Civil actioN tried before Shaw, J., at Fall Term, 1915, of Stokes, upon these issues: 1. Where is the true dividing line between lots Nos. 3 and 4, referred to in the pleadings ? Answer: “From black A to black B.” 2. Is the plaintiff the owner and entitled to' the possession of the wood and timber described in the complaint? Answer: “Yes.” 3. What was the value of the wood and timber removed by the defendant? Answer: “$25.” 4. What was the value of the wood and timber seized by the sheriff in this action? Answer: “$15.” 5. Is the feme defendant the owner and entitled to the possession of the…

1Opinion of the CourtBeowN, J.

The court instructed the jury: “The plaintiff contends that the black line from black B to black A is the true dividing line. The burden is on the plaintiff to show this by the greater weight of the evidence, before you can find - it. If the plaintiff, by the greater weight of the evidence, has shown that the true dividing line between lots 3 and 4 is the black line, as claimed by him, then your answer to the first issue will be the black line running from black B to black A.”

The court further instructed the jury that the defendants contend that the true dividing line is the red line, and…

2Cases cited2 opinions

  1. Woody v. Fountain.Supreme Court of North Carolina · 1906
  2. Garris v. . HarringtonSupreme Court of North Carolina · 1914

3Cited by7 opinions

  1. Virginia-Carolina Power Co. v. TaylorSupreme Court of North Carolina · 1927
  2. Boone v. . CollinsSupreme Court of North Carolina · 1931
  3. Carr v. . BizzellSupreme Court of North Carolina · 1926
  4. Lea v. Southern Public Utilities Co.Supreme Court of North Carolina · 1918
  5. Poindexter v. . CallSupreme Court of North Carolina · 1921

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