Weston v. John L. Roper Lumber Co.

Tbis ease was bere 160 N. C., 263. Tbe plaintiffs seek to recover a tract of 1,000 acres swamp land, under mesne conveyances from a grant to Jobn Oow-per in 1788, and damages for trespass tbereon. Tbe question of title by adverse possession does not arise. Tbe defendant admits tbat it bas cut timber on tbe land in controversy as alleged in tbe complaint, but denies tbat sucb cutting was wrongful or unlawful.

Tbe defendant asked tbe court to submit an issue as to tbe true location. Tbis contention binges upon these words, “then running up tbe river to the head thereofTbe plaintiffs contend that…