Fowle v. . Ham
Supreme Court of North Carolina
ActioN to restrain the cutting of timber and to recover damages, heard by Gonnor, J., at May Term, 1918, of Beaueort. The Court denied a restraining order, and plaintiffs appealed.
1ConcurrenceHoke, J.
I cannot assent to the position that the laws of North Carolina controlling the question either make or were intended to make the indexing an essential part of a valid registration. The cases in other States which so hold were on the interpretation of statutes having substantially different wording from ours, and I am of opinion that the case of Davies v. Whitaker, 114 N. C., 279, was well decided. True, the books in many of the counties have become 'so numerous that with*14■out an index tbe value of our registration laws, as an assurance of title, has been greatly impaired; but if a change is…
2Cases cited7 opinions
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Hill v. RailroadSupreme Court of North Carolina · 1906
- Center School Township v. State ex rel. Board of School CommissionersIndiana Supreme Court · 1898
- Storrie v. CortesTexas Supreme Court · 1896
- Falconer v. SimmonsWest Virginia Supreme Court · 1902
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