Hagaman v. . Bernhardt
Supreme Court of North Carolina
Appeal by defendants from Adams, J., at May Term, 1912, of Caldwell. This is an action of ejectment, tbe plaintiff claiming to be owner and entitled to tbe possession of tbe land described in tbe complaint, of wbicb tbe defendant S. E. Harper was in possession and tbe • defendant J. M. Bernbardt bas cut timber tbereon, botb defendants claiming title under G. A. Sullivan, and asking an injunction against tbe defendants from cutting said timber or removing tbat wbicb bas…
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Appeal by defendants from Adams, J., at May Term, 1912, of Caldwell. This is an action of ejectment, tbe plaintiff claiming to be owner and entitled to tbe possession of tbe land described in tbe complaint, of wbicb tbe defendant S. E. Harper was in possession and tbe • defendant J. M. Bernbardt bas cut timber tbereon, botb defendants claiming title under G. A. Sullivan, and asking an injunction against tbe defendants from cutting said timber or removing tbat wbicb bas already been cut. Tbe. jury rendered a verdict in favor of tbe plaintiff, assessing tbe damages at $60. Judgment was rendered…
1Opinion of the Court
Clare:, C. J.
Botb, defendants appealed and sent up separate records, but as tbey were not on opposite sides nor presented antagonistic exceptions, tbis was an unnecessary expense. Pope v. Lumber Co., ante, 208. (McCurdy’s appeal.)
Tbe decision of tbis case depends upon tbe location of Grant No. 384 to Aaron Bradsbaw., Tbe first exception by tbe defendant Harper is for tbe refusal of tbe motion to nonsuit. Tbis motion could not bave been granted, as there was sufficient evidence to go to tbe jury.
Harper’s second exception is for tbe refusal to admit in evidence a map claimed by tbe defendants…
2Cases cited2 opinions
- Dobson v. . WhisenhantSupreme Court of North Carolina · 1888
- Den Ex Dem. Dancy v. SuggSupreme Court of North Carolina · 1837
3Cited by3 opinions
- State v. . StanleySupreme Court of North Carolina · 1947
- Yadkin Lumber Co. v. BernhardtSupreme Court of North Carolina · 1913
- Sullivan v. . BlountSupreme Court of North Carolina · 1914