Legal Opinion

Byrd v. Carolina Spruce Co.

Supreme Court of North Carolina

Decided December 15, 1915PublishedCited by 6 opinions

Appeal by defendant from Harding, J., at August Term, 1915, of YaNCEY. Action to recover land. It is admitted that the plaintiffs and the defendant claim under the same party, and that the plaintiffs have the older title from the common source. The plaintiffs, other than J. R. Penland, are the heirs at law of Garrett D. Ray, and the defendant is the grantee of Harold Johnson and others, heirs of R. B. Johnson, under a deed executed in 1910, which calls for the Ráy line.

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Appeal by defendant from Harding, J., at August Term, 1915, of YaNCEY. Action to recover land. It is admitted that the plaintiffs and the defendant claim under the same party, and that the plaintiffs have the older title from the common source. The plaintiffs, other than J. R. Penland, are the heirs at law of Garrett D. Ray, and the defendant is the grantee of Harold Johnson and others, heirs of R. B. Johnson, under a deed executed in 1910, which calls for the Ráy line. The description in the deed under which the plaintiffs claim is as follows: “Beginning on the N. W. corner of his (James…

1Opinion of the Court

AlleN, J.,

after stating tbe ease: Tbe report of tbe former action between R. B. Johnson,, under whom tbe defendant claims, and G. D. Ray, under whom tbe plaintiffs claim, contained in Johnson v. Bay,< 72 N. C., 273, indicates very clearly that tbe location of tbe line now in controversy was then established by judgment in favor of tbe contention of tbe plaintiffs in this action, but we will not rest our decision upon this ground, as tbe issues and judgment are not before us, and .if no weight is given to- tbe proceedings in tbe former action, either as an estoppel or as a judicial…

2Cases cited21 opinions

  1. Shaffer v. GaynorSupreme Court of North Carolina · 1895
  2. Avent v. ArringtonSupreme Court of North Carolina · 1890
  3. Yow v. Hamilton.Supreme Court of North Carolina · 1904
  4. Doe on Demise of Campbell v. DoeSupreme Court of North Carolina · 1822
  5. Hemphill v. Hemphill.Supreme Court of North Carolina · 1905

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3Cited by6 opinions

  1. Alsworth v. Richmond Cedar WorksSupreme Court of North Carolina · 1916
  2. Cherry v. Roanoke Tobacco Warehouse Co.Supreme Court of North Carolina · 1953
  3. Stone v. . GuionSupreme Court of North Carolina · 1943
  4. Western Carolina Power Co. v. KlutzSupreme Court of North Carolina · 1928
  5. Gilliken v. . NorcomSupreme Court of North Carolina · 1927

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