Bowen v. . Gaylord
Supreme Court of North Carolina
Civil action to recover damages for entering and cutting timber upon plaintiff’s land, tried before Brown, J., at Fall Term, 1897, of Washington Superior Court upon admissions of the parties, a jury trial being waived. The facts appear in the opinion. His Honor being of opinion that plaintiff could not recover so adjudged and plaintiff appealed.
1Opinion of the Court
Douglas, J.:
This cause was by consent of parties heard upon the admissions of counsel. It is admitted that the plaintiff claims under a grant to Thomas Mackey and Edmund Blount, dated May 18, 1789, and that if this grant covers the locus in quo the plaintiff is entitled to recover damages for a trespass committed by the defendant, in entering and cutting upon said lands. The description in the grant is as follows: “Beginning at a forked cypress running thence South 30 degrees West, 110 poles; thence South 45 degrees West, 700 poles, the various courses of Edward Van Daniel’s line; then North…
2Cases cited15 opinions
- Cherry v. Slade's AdministratorSupreme Court of North Carolina · 1819
- Redmond v. . SteppSupreme Court of North Carolina · 1888
- Den. on Dem. of Corn v. McCrarySupreme Court of North Carolina · 1856
- Jones v. . BunkerSupreme Court of North Carolina · 1880
- Deaver v. . JonesSupreme Court of North Carolina · 1896
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Elliott v. Jefferson.Supreme Court of North Carolina · 1903
- W. M. Ritter Lumber Co. v. Montvale Lumber Co.Supreme Court of North Carolina · 1915
- Clegg v. . CanadySupreme Court of North Carolina · 1940
- Franklin v. FaulknerSupreme Court of North Carolina · 1958
- Pace v. . McAdenSupreme Court of North Carolina · 1926
11 more not listed; retrieve them via the Exa API.