Locklear v. . Paul
Supreme Court of North Carolina
Appeal by defendant from Ferguson, J., at May Term, 1913, of RoBESON. This action was to recover damages for the wrongful cutting of timber on the part of defendants and was made dependent, chiefly, on the issue as to title to the land where the cutting occurred.
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Appeal by defendant from Ferguson, J., at May Term, 1913, of RoBESON. This action was to recover damages for the wrongful cutting of timber on the part of defendants and was made dependent, chiefly, on the issue as to title to the land where the cutting occurred. The cause was before the Court at Spring Term-, 1912, on appeal of plaintiffs from a judgment of nonsuit, and will be found reported in 159 N. C., 236. The judgment of nonsuit was reversed for reasons appearing in the opinion by Associate Justice Walker, and this opinion having' been certified down, the case was tried on the issues…
1Opinion of the Court
HoKE, J.,
after stating the case: On the trial of the issues the following evidence was admitted, over objection by defendants to both questions and answers, and exceptions duly noted:
“Yes, I know who was reputed to be the owner of the land between these lines I have described.
“Question: 'Whose was it?
“Answer: The country all around lmowed who it was.
“Question: Whose land was it reputed to he?
“Answer: John Locklear’s.”
It has been held in numerous cases with us that, under certain circumstances, evidence of general reputation is admissible, on questions of private boundary. In one of the later…
2Cases cited4 opinions
- Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Smith v. . SmithSupreme Court of North Carolina · 1895
- Dreyer v. MingSupreme Court of Missouri · 1856
- Den on Demise of Toole v. PetersonSupreme Court of North Carolina · 1848
3Cited by11 opinions
- Alexander v. Richmond Cedar WorksSupreme Court of North Carolina · 1919
- Alexander v. . Cedar WorksSupreme Court of North Carolina · 1919
- Simons v. Inyo Cerro Gordo Mining & Power Co.California Court of Appeal · 1920
- Brewer v. BrewerSupreme Court of North Carolina · 1953
- Sullivan v. . BlountSupreme Court of North Carolina · 1914
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