Archibald v. . Davis
Supreme Court of North Carolina
AotioN of TROVER, tried before Caldwell, L, at the last Spring Term of Beaufort Superior Court. The action was brought for the conversion of a quantity of pine timber taken from off of a tract of land, the title of which is the main subject of this suit; the plaintiff offered in evidence the copy of a grant which issued to one Knight in VllQ, but failed to show that it covered the loeus in quo; next, a petition by the heirs of one Latham, the ancestor of the plaintiffs, (of…
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AotioN of TROVER, tried before Caldwell, L, at the last Spring Term of Beaufort Superior Court. The action was brought for the conversion of a quantity of pine timber taken from off of a tract of land, the title of which is the main subject of this suit; the plaintiff offered in evidence the copy of a grant which issued to one Knight in VllQ, but failed to show that it covered the loeus in quo; next, a petition by the heirs of one Latham, the ancestor of the plaintiffs, (of whom the female plaintiff was one,) to divide the real estate from him descended, the appointment of certain…
1Opinion of the CourtPearson, J.
Assuming that the proceedings for partition, and the plat which formed a part thereof were color of title, so as to extend the possession of plaintiffs beyond their actual occupation to the boundaries of the plat, and entitle them to recover for a trespass committed any where within the same, provided the plat coul.d be located so as to identify any particular tract, we think his honor erred in not holding- that the description furnished by the plat was too vague to be susceptible of being located, “because in law it covered no land;” Mann v. Taylor, 4 Jones’ Rep. 272, Massey v. Be lisle, 2…
2Cited by4 opinions
- Barker v. Southern Railway Co.Supreme Court of North Carolina · 1899
- Marshall v. Corbett.Supreme Court of North Carolina · 1905
- Peterson v. SucroCourt of Appeals for the Fourth Circuit · 1939
- Barker v. Southern Railway Co.Supreme Court of North Carolina · 1899