Berry v. . Lumber Co.
Supreme Court of North Carolina
AotioN by Leola Berry and others against W. M. Bitter Lumber Co., heard by Judge W. B. Allen and a jury, at the December Term, 1905, of the Superior Court of Bueee. Plaintiffs sued for damages in the sum of $1,800 alleged to have been sustained by a trespass of the defendant in entering upon a tract of land containing 605 acres and cutting timber trees standing and growing thereon.
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AotioN by Leola Berry and others against W. M. Bitter Lumber Co., heard by Judge W. B. Allen and a jury, at the December Term, 1905, of the Superior Court of Bueee. Plaintiffs sued for damages in the sum of $1,800 alleged to have been sustained by a trespass of the defendant in entering upon a tract of land containing 605 acres and cutting timber trees standing and growing thereon. The defendant denied the trespass and pleaded specially a grant issued to M. C. Houck, hereafter mentioned, and also the Oathcart grant, and that the lands therein described had been conveyed by Dwight M. Lowry and…
1Opinion of the Court
Walker, J.,
after stating the case: There was some discussion before ns as to the validity of the Pearcy entry upon which the grant was issued to M. C. Houck. We have not set out the contents of that entry, as we do not think it material to the decision of the case that we should pass upon that question. We will assume for the sake of argument that but for the Oathcart grant, the defendants would have the older and consequently the better title, the Houck grant having been issued before the Berry grant, and the Pearcy entry being, as we will also assume, too vague in its description of the…
2Cases cited14 opinions
- Byrd v. Express Co.Supreme Court of North Carolina · 1905
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- State v. . BeversSupreme Court of North Carolina · 1882
- Lewis v. Clyde Steamship Co.Supreme Court of North Carolina · 1903
- Alexander v. PolkMississippi Supreme Court · 1861
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3Cited by5 opinions
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- Currie v. . GilchristSupreme Court of North Carolina · 1908
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- Dew v. . PykeSupreme Court of North Carolina · 1907
- Carolina Bagging Co. v. ByrdSupreme Court of North Carolina · 1923