Frank Hitch Lumber Co. v. Brown
Supreme Court of North Carolina
Appeal by defendant from CTüne, J., at April Term, 1912, of Beetle. This is an action, with claim and delivery, to recover tbe possession of certain saw-logs. In January, 1903, James Morris sold tbe poplar, pine, and gum timber on bis tract of land in Bertie County to Brown & Bundy, wbo assigned tbe contract to tbe plaintiff.
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Appeal by defendant from CTüne, J., at April Term, 1912, of Beetle. This is an action, with claim and delivery, to recover tbe possession of certain saw-logs. In January, 1903, James Morris sold tbe poplar, pine, and gum timber on bis tract of land in Bertie County to Brown & Bundy, wbo assigned tbe contract to tbe plaintiff. The timber was to be cut and removed from tbe land within eight years from 1 January, 1903. Brown & Bundy “cut a lot of saw-logs” and left them on tbe land after tbe time for cutting and removing them had expired. The Morris land was sold and conveyed to T. J. White, who…
1Opinion of the Court
Walker, J.,
after stating the case: There was error in the refusal to give the prayer for instructions. The defendant testified that he had bought the logs from White. This was the statement of a fact, and not a conclusion of law as to the construction of the timber deed. It may be that he referred to the timber deed as conveying the logs, but it does not so appear. The jury might well have inferred that White had sold him the logs independently. Besides, White said to him: “The time is now out, and it all belongs to me. I sell you the land and everything there is on it.” “I told Mr. White…
2Cases cited8 opinions
- Bunch v. Elizabeth City Lumber Co.Supreme Court of North Carolina · 1903
- Bateman v. Kramer Lumber Co.Supreme Court of North Carolina · 1911
- Hawkins v. Lumber Co.Supreme Court of North Carolina · 1905
- Lumber Co. v. Corey.Supreme Court of North Carolina · 1906
- Strasson v. MontgomeryWisconsin Supreme Court · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fordham v. EasonSupreme Court of North Carolina · 1999
- Austin v. . BrownSupreme Court of North Carolina · 1926
- Alropa Corp. v. RichardsonCourt of Appeals of Georgia · 1938
- Bond v. UngerechtTennessee Supreme Court · 1914
- Hanna v. BufordMissouri Court of Appeals · 1915
1 more not listed; retrieve them via the Exa API.