Baugert v. . Blades
Supreme Court of North Carolina
ActioN for trespass heard before Hoke, J., at Spring Term, 1895, of Jones Superior Court, on an agreed statement of facts, as follows : “1. The locus in quo is that part of the land in Jones county, North Carolina, known as the Starkey McDaniel place or land, which is known as the excess over the homestead of Starkey McDaniel, lying on Antoine branch. “2. The timber was cut and removed by the defendants from the locus in quo.
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ActioN for trespass heard before Hoke, J., at Spring Term, 1895, of Jones Superior Court, on an agreed statement of facts, as follows : “1. The locus in quo is that part of the land in Jones county, North Carolina, known as the Starkey McDaniel place or land, which is known as the excess over the homestead of Starkey McDaniel, lying on Antoine branch. “2. The timber was cut and removed by the defendants from the locus in quo. “3. The locus in quo was sold under an execution issued on a judgment against Starkey McDaniel to J. E. Amyett, and conveyed to said Amyett by deed, dated September 6,…
1Opinion of the Court
Faircloth, C. J.:
"James McDaniel, Sr., devised certain lands, of which the locus in quo is a part, to his son Starkey in fee, defeasable in the event that the devisee should die leaving no lawful heir or issue surviving him, in which event the lands should be equally divided between the devisor’s surviving sons. It was also declared in the will that if the sou Starkey should desire to sell the lands and mills, the five or surviving sons should have the offer of purchase, at a price to be fixed by valuation if they could not agree, should they be disposed to do so.
In McDaniel v. McDaniel, 5…
2Cases cited2 opinions
- Corcoran v. Chesapeake and Ohio Canal Co.Supreme Court of the United States · 1877
- Louis v. Brown TownshipSupreme Court of the United States · 1883
3Cited by11 opinions
- Gregg v. City of WilmingtonSupreme Court of North Carolina · 1911
- Montgomery v. . BladesSupreme Court of North Carolina · 1940
- Bowman v. City of GreensboroSupreme Court of North Carolina · 1925
- Crawford v. . CrawfordSupreme Court of North Carolina · 1939
- Horton v. . PerrySupreme Court of North Carolina · 1948
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