Yeats v. . Forrest
Supreme Court of North Carolina
Appeal from Ward, J., December Term, 1909, of Beaueobt. Issues tendered by defendant: ■1. Is the plaintiff the owner and in possession of the land in controversy ? 2. Has defendant entered and trespassed thereon, as alleged? 3. If so, what damage has plaintiff sustained thereby? Issues submitted by the court: 1. Is the plaintiff the owner in fee and entitled to the possession of the land located on the plat between the red and green lines? Answer: “Yes.” 2. Did defendant…
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Appeal from Ward, J., December Term, 1909, of Beaueobt. Issues tendered by defendant: ■1. Is the plaintiff the owner and in possession of the land in controversy ? 2. Has defendant entered and trespassed thereon, as alleged? 3. If so, what damage has plaintiff sustained thereby? Issues submitted by the court: 1. Is the plaintiff the owner in fee and entitled to the possession of the land located on the plat between the red and green lines? Answer: “Yes.” 2. Did defendant enter on said land and cut timber and carry off, as alleged? Answer: “Yes.” 3. What are plaintiff’s damages therefor?…
1Per curiam
Strictly speaking, the issues tendered by defendant were the correct issues arising upon the pleadings in this case, but we are unable to discover that any harm came to defendant because the first issue, as formulated by him, was not submitted.
The defendant tendered certain prayers for instruction, and those of them given by the court made the case turn solely upon the location of the Dowty or Gurganus line and recognize the fact that the plaintiff’s land is on one side and defendant’s land on the other side of that line.
No point is made that there is no evidence of trespass by defendant on…
2Cases cited1 opinion
- Yeates v. . ForrestSupreme Court of North Carolina · 1910
3Cited by1 opinion
- Yeates v. . ForrestSupreme Court of North Carolina · 1910