Devane v. . Fennell
Supreme Court of North Carolina
This was an action of Trespass, tried at the Fall Term, 1841, of New Hanover ¡Superior Court of Law, before his Honor Judge Pearson, in which the plaintiff declared that the defendant had taken possession of and carried away a certain raft of timber belonging to the plaintiff.
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This was an action of Trespass, tried at the Fall Term, 1841, of New Hanover ¡Superior Court of Law, before his Honor Judge Pearson, in which the plaintiff declared that the defendant had taken possession of and carried away a certain raft of timber belonging to the plaintiff. It was proven that the timber was sent by the plaintiff to the town of Wilmington for sale ; that the owners of the Clinton Steam Saw Mill had bargained for the raft of timber with the agent of the plaintiff, and had agreed to pay him four dollars per thousand feet; that at the time the bargain was made the timber was…
1Opinion of the CourtDaniel, J.
The owners of the Saw Mill agreed to give the plaintiff four dollars per thousand feet for his raft of timber, when inspected and measured. The timber was impounded, to secure it against the dangers of the river, and to have it ready for inspection and measurement. When it was placed in the pen, it was not intended to be an absolute delivery ; the constructive possession was still in the vendor; there remained something to be done by the vendor, to wit, to have it inspected and measured. It is a well settled rule of law that the vendee’s title to the property is not complete by force of a…
2Cited by8 opinions
- Heiser v. . MearsSupreme Court of North Carolina · 1897
- Albemarle Lumber Co. v. . WilcoxSupreme Court of North Carolina · 1890
- Elliott v. Southern Railway Co.Supreme Court of North Carolina · 1911
- Washington Mills Co. v. FrohlickCourt of Appeals of Tennessee · 1927
- United States v. One 1955 Model Ford 2 Door Victoria AutomobileDistrict Court, E.D. North Carolina · 1957
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