Legal Opinion

Rexford v. Brunswick-Balke-Coldender Co.

Court of Appeals for the Fourth Circuit

Decided July 13, 1910No. 946PublishedCited by 1 opinion

Appeal from the Circuit Court of the United States for the Western District of North Carolina, at Asheville. Action by C. H. Rexford against the Brunswick-Balke-Collender Company. Judgment for defendant, and plaintiff appeals. This action was brought originally in the superior court of Swain county, N. C., to the July term, 1908, of said court.

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Appeal from the Circuit Court of the United States for the Western District of North Carolina, at Asheville. Action by C. H. Rexford against the Brunswick-Balke-Collender Company. Judgment for defendant, and plaintiff appeals. This action was brought originally in the superior court of Swain county, N. C., to the July term, 1908, of said court. Upon due proceedings had, the case was removed for trial to the Circuit Court of the United States for the Western District of North Carolina, at Asheville. In his complaint filed in the state court the plaintiff seeks to have declared null and void…

1Opinion of the CourtBoyd, District Judge

(after stating the facts as above). There are many assignments of error on the part of the appellant set out in the record, but the whole case as presented to us -in our opinion turns \ upon the effect to be given to the three deeds referred to in the decree, one dated August 3, 1883, and the other two December 27, 1884, in which J. W. Terrell, as commissioner appointed by the probate court of Jackson county, conveyed to J. F. Loomis and Xenophon Wheeler certain trees therein described upon the lands of William H. Thomas, Sr., in the counties of Graham.and Swain, N. C. The timber rights…

2Cases cited19 opinions

  1. Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
  2. US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
  3. Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
  4. Thompson v. TolmieSupreme Court of the United States · 1829
  5. Comstock v. CrawfordSupreme Court of the United States · 1866

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3Cited by1 opinion

  1. Stonebraker-Zea Cattle Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1915

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