John L. Roper Lumber Co. v. Richmond Cedar Works
Supreme Court of North Carolina
Appeal by defendant from Bragaw, J., at July Term,, 1913, of CAMDEN. This is an action to recover damages for trespassing upon land known as the Whitehead tract, and being Lot No. 12 in the New Lebanon Division. The same ease was before us at a former term, and is reported in 158 N. 0., 161, and involved the claim of the defendant to' an easement or right of way over the land,- for the purpose of operating’ a tramroad and hauling lumber thereon over and across said land.
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Appeal by defendant from Bragaw, J., at July Term,, 1913, of CAMDEN. This is an action to recover damages for trespassing upon land known as the Whitehead tract, and being Lot No. 12 in the New Lebanon Division. The same ease was before us at a former term, and is reported in 158 N. 0., 161, and involved the claim of the defendant to' an easement or right of way over the land,- for the purpose of operating’ a tramroad and hauling lumber thereon over and across said land. We then denied the existence of any such right, defendant admitting that plaintiff owned the land. Defendant has since…
1Opinion of the Court
"Waleier, J\,
after stating tbe case: Tbe question now presented for our decision is, wbetber tbe partition of 1846 and tbe allotment to 'William B. Whitehead and the deeds of those claiming under him are, in law, good color of title, for tbe jury have found that plaintiffs have bad adverse possession of tbe land for a sufficient time to ripen their title, provided we settle tbe other question in their favor. We are aware that this Court has held that a deed by one tenant of tbe entire estate held in common is not sufficient to sever tbe-unity of possession by which they are bound together,…
2Cases cited11 opinions
- Dobbins v. Dobbins.Supreme Court of North Carolina · 1906
- Hicks v. . BullockSupreme Court of North Carolina · 1887
- Doe on Dem of McConnell v. McConnellSupreme Court of North Carolina · 1870
- Breeden v. . McLaurinSupreme Court of North Carolina · 1887
- Den Ex Dem. Cloud v. WebbSupreme Court of North Carolina · 1832
6 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Perry v. BassengerSupreme Court of North Carolina · 1941
- Crews v. . CrewsSupreme Court of North Carolina · 1926
- Perry v. . BassengerSupreme Court of North Carolina · 1941
- Alexander v. Richmond Cedar WorksSupreme Court of North Carolina · 1919
- Alexander v. . Cedar WorksSupreme Court of North Carolina · 1919
20 more not listed; retrieve them via the Exa API.