Stancill v. . James
Supreme Court of North Carolina
Civil ActioN for trespass on land, tried before Solee, J at December Term, 1899, of Pitt Superior Court. Action commenced September 4, 1897. Tbe plaintiff alleged ownership and possession of a tract of 400 acres fully described by courses and distances in tbe complaint, and that defendant bad trespassed upon it by cutting and carrying off from it large numbers of valuable timber trees during August, 1896, and before and since.
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Civil ActioN for trespass on land, tried before Solee, J at December Term, 1899, of Pitt Superior Court. Action commenced September 4, 1897. Tbe plaintiff alleged ownership and possession of a tract of 400 acres fully described by courses and distances in tbe complaint, and that defendant bad trespassed upon it by cutting and carrying off from it large numbers of valuable timber trees during August, 1896, and before and since. The defendants claimed ownership and possession of a tract fully described by courses and distances, and disclaimed title, possession or trespass upon any lands claimed…
1Opinion of the CourtFaircloth, C. J.
In this action of trespass the plaintiff alleges that defendant has cut his timber trees to his damage, etc. Defendant admits cutting and hauling off the said trees, but denies that plaintiff is the owner of the land on which the trees were growing.
Plaintiff in his complaint describes a large tract containing 400 acres. The defendant describes by metes and bounds a tract of 33 acres, on which the trees were cut, and claims to be the owner* thereof, and produces his title deeds, etc. The whole controversy is the ownership of these- 33 acres, which we understand are embraced by the description…
2Cases cited1 opinion
- Harrison v. . HoffSupreme Court of North Carolina · 1889
3Cited by8 opinions
- Alston v. . ConnellSupreme Court of North Carolina · 1906
- Bullard v. Pilot Fire InsuranceSupreme Court of North Carolina · 1925
- Brewer v. ElksSupreme Court of North Carolina · 1963
- Gibson v. . GordonSupreme Court of North Carolina · 1938
- Moody v. . WikeSupreme Court of North Carolina · 1921
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