Graham v. . Spaulding
Supreme Court of North Carolina
Appeal by defendant from Hamilton, Special Judge, at February Term, 1945, of Columbus. Civil action for trespass. The plaintiff alleges he is the owner and in possession of a 13-acre tract of land in Columbus County, described by metes and bounds in the complaint ; that the defendant has trespassed thereon, after being forbidden, and that plaintiff is entitled to injunctive relief and damages for the trespass already committed.
Read the full summary
Appeal by defendant from Hamilton, Special Judge, at February Term, 1945, of Columbus. Civil action for trespass. The plaintiff alleges he is the owner and in possession of a 13-acre tract of land in Columbus County, described by metes and bounds in the complaint ; that the defendant has trespassed thereon, after being forbidden, and that plaintiff is entitled to injunctive relief and damages for the trespass already committed. Plaintiff further alleges that he obtained a deed to the locus in quo 11 October, 1917, from Mary F. Jacobs, which deed was not recorded until 20 June, 1944; that he…
1Opinion of the CourtDenny, J.
The appellant assigns as error the failure of the court below to sustain his motion for judgment as of nonsuit, and for a directed verdict in favor of defendant. This assignment of error cannot be sustained.
It is in evidence that the plaintiff has cultivated part of the land in controversy, and cut logs, piling poles and crossties off the premises from time to time, over a period of 27 years prior to the institution of this action. Substantially all of the land is in timber. Small patches have been cleared by the plaintiff and used during the last ten or twelve years for tobacco beds. The…
2Cases cited14 opinions
- Locklear v. . SavageSupreme Court of North Carolina · 1912
- Christman v. . HilliardSupreme Court of North Carolina · 1914
- Prevatt v. Harrelson.Supreme Court of North Carolina · 1903
- Ruffin v. . OverbySupreme Court of North Carolina · 1890
- Ward v. . SmithSupreme Court of North Carolina · 1943
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. CookeSupreme Court of North Carolina · 1971
- Watt v. CrewsSupreme Court of North Carolina · 1964
- First-Citizens Bank & Trust Co. v. ParkerSupreme Court of North Carolina · 1952
- First-Citizens Bank & Trust Co. v. ParkerSupreme Court of North Carolina · 1952