Wyman v. Taylor
Supreme Court of North Carolina
Civil ActioN for trespass quare clausum fregit, tried before Robinson, J., at August Special Term, 1897, of SwaiN Superior Court. The plaintiff not being in possession, the case turned upon the issue of title.
Read the full summary
Civil ActioN for trespass quare clausum fregit, tried before Robinson, J., at August Special Term, 1897, of SwaiN Superior Court. The plaintiff not being in possession, the case turned upon the issue of title. The plaintiff claimed under a grant to W. L. Love issued in 1872. The defendants claimed under grants issued to Cooper and Goodhue in 1885. The grants of both plaintiff and defendants covered the locus in quo, and the plaintiff insisted as his was the oldest, his title was the best. The various grounds upon which the defendants insisted that the grant of plaintiff was invalid and that…
1Opinion of the Court
EuRches,' J.
This is an action of trespass quare clausum fregit, and the plaintiff not being in possession of the lands trespasssed upon, the question of title is involved.
After much skirmishing between the parties as to the location of lines and as to whether defendants could be held liable for trespasses committed by their servants, the contest became one of title. Upon this field, each side marshaled its forces and the battle proceeded with great fierceness and for many days.
The plaintiff claimed under a grant to W. L. Love issued in 1872, while defendants claimed under several grants…
2Cases cited10 opinions
- Gudger v. . HensleySupreme Court of North Carolina · 1880
- McCormick v. . MonroeSupreme Court of North Carolina · 1853
- Dugger v. . McKessonSupreme Court of North Carolina · 1888
- Stanmire v. PowellSupreme Court of North Carolina · 1852
- Waugh v. . RichardsonSupreme Court of North Carolina · 1848
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- United States v. 7,405.3 Acres of LandCourt of Appeals for the Fourth Circuit · 1938
- Janney v. Blackwell.Supreme Court of North Carolina · 1905
- Taylor v. JohnstonSupreme Court of North Carolina · 1976
- West Virginia Pulp & Paper Co. v. Richmond Cedar WorksSupreme Court of North Carolina · 1954
- Younce v. United StatesDistrict Court, W.D. North Carolina · 1987
4 more not listed; retrieve them via the Exa API.