Wilson v. . Scarboro

This case comes up upon a petition to rehear and reverse our former decision, reported in 169 N.C. 654. The action is brought to recover damages for trespass upon plaintiff's property, to wit, certain standing timber which plaintiff alleges the defendant wrongfully and unlawfully prevented plaintiff from cutting and removing, in violation of the terms of a conveyance of said timber, executed by defendants to plaintiff. The issues are set out in the report of the case in 169 N.C.

The case was before us at Fall Term, 1913, and is reported in163 N.C. 387. We then construed the deed executed for…