Bartlett v. . Simmons
Supreme Court of North Carolina
This was an action of tresspass qua/re clausiomfregit^'tried before Ellis, J., at the Spring Term, 1857, of Camden Superior Court. The plaintiff traced his title from one James Bray, who was in the habit, more than forty.years ago, of going yearly, for a few weeks at a time, upon the land, and getting rails and other timber; that in some years he would go more than once ; that he also would go upon the land as often as they were cut, and take off timber and rails.
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This was an action of tresspass qua/re clausiomfregit^'tried before Ellis, J., at the Spring Term, 1857, of Camden Superior Court. The plaintiff traced his title from one James Bray, who was in the habit, more than forty.years ago, of going yearly, for a few weeks at a time, upon the land, and getting rails and other timber; that in some years he would go more than once ; that he also would go upon the land as often as they were cut, and take off timber and rails. This was continued until the year 1828, when he sold by metes and bounds to Ziba Eorbes, who continued the same practice of going…
1Opinion of the CourtPearson, J.
The acts of the plaintiff, and those under Whom he claims, in getting rails off of the land from year to year, were separate and unconnected trespasses, and do not amount to the exercise of such ownership as will ripen a title, or give the right to maintain an action of trespass, q. c. f. The doctrine on this subject is discussed, and all the cases collated in Loftin v. Cobb, 1 Jones’ Rep. 406. There is no error.
Pee Cuexam. Judgment affirmed.
2Cited by6 opinions
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- Price v. WhisnantSupreme Court of North Carolina · 1952
- Wheeler v. TaylorOregon Supreme Court · 1898
- Shermer v. . DobbinsSupreme Court of North Carolina · 1918
- Lindsay v. CarswellSupreme Court of North Carolina · 1954
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