Lumber Co. v. . Lumber Co.
Supreme Court of North Carolina
ActioN by the J. L. Roper Lumber Company against the Elizabeth City Lumber Company, heard by Judge M. TI. Justice and a jury, at March Term, 1903, of the Superior Court of Camden County. From a judgment for the plaintiff the defendant appealed.
1Opinion of the CourtDouglas, J.
Tbe main question on tbis appeal, to which nearly all the exceptions are directed, is the constitutionality of chapter 243 of the Acts of 1889 amending section 2522 of The Code. This act was held to be unconstitutional in Parish v. Cedar Co., 133 N. C., 478; and after renewed consideration we deem it our duty to reaffirm our decisión to that effect. This destroys the defendant’s chain of title, but does not necessarily perfect that of the plaintiff or render the defendant liable for trespass. The plaintiff brought a civil action in the nature of trespass, alleging its ownership of the land in…
2Cases cited1 opinion
- Parish v. East Coast Cedar Co.Supreme Court of North Carolina · 1903
3Cited by9 opinions
- Eason v. SpenceSupreme Court of North Carolina · 1950
- McMillan v. Robeson CountySupreme Court of North Carolina · 1964
- State v. NolandSupreme Court of North Carolina · 1933
- Lumber Co. v. Lumber Co.Supreme Court of North Carolina · 1906
- Board of Education v. . RemickSupreme Court of North Carolina · 1912
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