Belding v. Archer
Supreme Court of North Carolina
Action by D. W. Belding against B. N. Archer and others, heard by Judge Geo. A. Jones and a jury, at Fall Term, 1901, of the Superior Court of Clay County. On the 9th of November, 1893-, Milo Belding conveyed to the defendant Archer, for the consideration pi $25,000, certain real estate, saw-mills, booms' and personal property at and near Lenoir City, Tennessee, and also certain timber logs in Graham County, North Carolina.
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Action by D. W. Belding against B. N. Archer and others, heard by Judge Geo. A. Jones and a jury, at Fall Term, 1901, of the Superior Court of Clay County. On the 9th of November, 1893-, Milo Belding conveyed to the defendant Archer, for the consideration pi $25,000, certain real estate, saw-mills, booms' and personal property at and near Lenoir City, Tennessee, and also certain timber logs in Graham County, North Carolina. Archer, under the terms of the conveyance, was to conduct the business of cutting, sawing and selling lumber, arid to do so to advantage, it was necessary that the mills…
1Opinion of the Court
Montgomery, J.,
after stating the facts. The cause of action, as it is stated in the original complaint and in the three amendments, is based upon alleged injury to the. plaintiff’s interests growing out of the alleged failure of the defendants to discharge their duties as trustees, under, the trusts imposed upon them in the several instruments of writing set out in the complaint.
It is alleged that the contracts of November 7, 1893, January 8, 1895, December 9, 1899, and the other contracts and conveyances supplemental to the one of December 9, are all to be construed together, and that they…
2Cases cited2 opinions
- Warren v. . MakelySupreme Court of North Carolina · 1881
- Carden v. . McConnellSupreme Court of North Carolina · 1895
3Cited by19 opinions
- Barnes v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1959
- State v. Atlantic Ice & Coal Co.Supreme Court of North Carolina · 1936
- Smathers v. Bank.Supreme Court of North Carolina · 1904
- North Carolina State Highway Commission v. CogginsSupreme Court of North Carolina · 1964
- Holloman v. Southern Railway Co.Supreme Court of North Carolina · 1916
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