Carter v. White
Supreme Court of North Carolina
ActioN by I. C. Carter and others against L. R. White, heard by Judge W. B. Council and a jury, at September Term, 1903, of the Superior Court of Cubeituce: County. Tbe plaintiffs, trustees of Swan Island Olub, prosecute this action against tbe defendant for an alleged trespass upon tbe land described in tbe complaint. They demand judgment for damages and other relief.
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ActioN by I. C. Carter and others against L. R. White, heard by Judge W. B. Council and a jury, at September Term, 1903, of the Superior Court of Cubeituce: County. Tbe plaintiffs, trustees of Swan Island Olub, prosecute this action against tbe defendant for an alleged trespass upon tbe land described in tbe complaint. They demand judgment for damages and other relief. Tbe defendant in bis answer denies tbe ownership as alleged, admits an entry upon the land and sets up title to an undivided interest therein. Appropriate issues were framed and submitted to tbe jury. Tbe plaintiffs introduced…
1Dissent
Clare, O. J.,
dissenting. The identical point now presented was passed upon in the former appeal in this case, 131 N. C., 14, and the decision then made by a unanimous Court should be the law of this case. It was there said: “In partition proceedings between tenants in common no title passes, only the unity of possession is dissolved and the title vests in severalty, the common source of title resting undisturbed.” Lindsay v. Beaman, 128 N. C., 189. Land’s interest never passed to plaintiffs and was not represented, nor was he a party; therefore he was not bound by the action or special…
2Cases cited9 opinions
- Harrison v. . RaySupreme Court of North Carolina · 1891
- Harrington v. Rawls.Supreme Court of North Carolina · 1902
- Christy v. Spring Valley Water WorksCalifornia Supreme Court · 1885
- Lindsay v. Beaman.Supreme Court of North Carolina · 1901
- Perry v. Western North Carolina RailroadSupreme Court of North Carolina · 1901
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