Caldwell Land & Lumber Co. v. Triplett
Supreme Court of North Carolina
Appeal from Justice, J., May'Term, 1909, of Caldwell. Civil action, for trespass on land and to restrain tbe cutting of timber. Plaintiff claimed title under two grants, Nos. 900 and 907, to G. W. Folk, dated in 1874. These grants were introduced, and it was admitted that plaintiff had mesne conveyance of this title, and that same covered the land in dispute.
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Appeal from Justice, J., May'Term, 1909, of Caldwell. Civil action, for trespass on land and to restrain tbe cutting of timber. Plaintiff claimed title under two grants, Nos. 900 and 907, to G. W. Folk, dated in 1874. These grants were introduced, and it was admitted that plaintiff had mesne conveyance of this title, and that same covered the land in dispute. Defendant claimed title under two grants to Reuben Estes— one, dated in 1802, for 300 acres, and the second, dated in 1803, for 100 acres; and the question was in the location of these two grants, and this, in turn, depended on the…
1Opinion of the Court
Per Curiam :
Tbe declarations of deceased persons as evidence on questions of private boundary and general reputation on such an issue has been the subject of a number of recent decisions of this Court. Lumber Co. v. Branch, 150 N. C., 240; Bland v. Beasley, 140 N. C., 629; Bullard v. Hollingsworth. 140 N. C., 634; Hemphill v. Hemphill, 138 N. C., 504; Yow v. Hamilton, 136 N. C., 357; Shaffer v. Gaynor, 117 N. C., 15.
As to declarations of a single witness, it is required that tbe declarant be dead when they are offered, and they should bave been made before the controversy arose, and by a…
2Cases cited7 opinions
- Shaffer v. GaynorSupreme Court of North Carolina · 1895
- Yow v. Hamilton.Supreme Court of North Carolina · 1904
- Hemphill v. Hemphill.Supreme Court of North Carolina · 1905
- Westfelt v. Adams.Supreme Court of North Carolina · 1902
- Bullard v. Hollingsworth.Supreme Court of North Carolina · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lamb v. . CopelandSupreme Court of North Carolina · 1912
- A. Blanton Grocery Co. v. TaylorSupreme Court of North Carolina · 1913
- Corbett v. . HawesSupreme Court of North Carolina · 1924
- Newkirk v. PorterSupreme Court of North Carolina · 1954
- R. R. v. . WilmingtonSupreme Court of North Carolina · 1911
1 more not listed; retrieve them via the Exa API.