Wilson v. Scarboro
Supreme Court of North Carolina
Appeal by plaintiff from Ferguson, J., at October • Term, 1912, of Wake. Tbis action was brought to recover damages of tbe defendants for entering upon land and unlawfully taking possession of and detaining certain timber tbereon.
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Appeal by plaintiff from Ferguson, J., at October • Term, 1912, of Wake. Tbis action was brought to recover damages of tbe defendants for entering upon land and unlawfully taking possession of and detaining certain timber tbereon. Tbe defendants “bargained and sold and conveyed” to tbe plaintiff certain timber described in tbe contract or conveyance, witb tbe right and privilege to cut and remove tbe same within five years from 5 April, 1909. "While tbe contract does not so state, tbe defendants, in their answer, allege that plaintiff was required “to cut tbe timber continuously after once…
1Opinion of the Court
Walkee, J.,
after stating tbe case: Tbe defendants allege that there was a stipulation as to tbe manner of cutting the timber which was omitted from tbe contract by mutual mistake or by tbe fraud of tbe plaintiff inducing a mistake on tbe part of tbe defendants. But we do not find in tbe record any evidence of fraud, and as tbe jury, in answer to tbe-third issue, have found that there was fraud or mutual mistake, without designating which of tbe two, we are unable to tell whether their answer was based upon tbe fraud or tbe mistake. Tbe court submitted the question of fraud to the jury against…
2Cases cited28 opinions
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Walker v. . VentersSupreme Court of North Carolina · 1908
- Moffitt v. . ManessSupreme Court of North Carolina · 1889
- Cobb v. Clegg.Supreme Court of North Carolina · 1904
- Bunch v. Elizabeth City Lumber Co.Supreme Court of North Carolina · 1903
23 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Elks v. . Insurance CoSupreme Court of North Carolina · 1912
- Drake v. . HowellSupreme Court of North Carolina · 1903
- Archer v. McClureSupreme Court of North Carolina · 1914
- Howland v. StitzerSupreme Court of North Carolina · 1954
- Archer v. . McClureSupreme Court of North Carolina · 1914
6 more not listed; retrieve them via the Exa API.