New Jersey & N.C. Land & Lumber Co. v. Gardner-Lacy Lumber Co.

• Citation: 113 F. 395
• Parties: NEW JERSEY & N.C. LAND & LUMBER CO. v. GARDNER-LACY LUMBER CO. et al.
• Decision Date: 11 February 1902
• Court: United States Courts of Appeals. United States Court of Appeals (4th Circuit)

113 F. 395

NEW JERSEY & N.C. LAND & LUMBER CO. v. GARDNER-LACY LUMBER CO. et al.

United States Circuit Court, E.D. North Carolina.

February 11, 1902

Meares & Ruark, for plaintiff.

John D Bellamy and George Rountree, for defendants.

PURNELL District Judge.

Plaintiff filed its bill in equity against numerous defendants, and a restraining order was granted, returnable on the rule day in February, 1902. The bill alleges: Complainant is a corporation created and existing under the laws of New Jersey. That the Gardner-Lacy Company is a corporation created and existing under the laws of South Carolina, having a place of business in Brunswick county, N.C., and that the numerous other defendants are citizens of North Carolina. That the state of North Carolina in 1795 granted to Benjamin Rowell Stephen Williams, and Wm. Collins certain lands in North Carolina, and complainant is the owner in fee, seised and in possession, of the land described in said grants. Muniments of title, surveys, and acts of the legislature are set out at length. That complainant has for 30 years had possession of said land, except some small tracts (which are not described), moving trespassers therefrom, paying taxes thereon, etc. That defendants have filed entries on parts of said land, trespassed thereon, cut timber (which is the chief value of the lands to plaintiff), and caused irreparable damage and depreciation of complainant's interests. That to establish complainant's rights would involve it in a multiplicity of suits, endless litigation, delay, and irreparable damage; and it seeks this remedy to establish its title, remove all clouds, and enjoin trespassers in one action. That while complainant is informed as to the location of its own lines and boundaries (which are not set out in the bill, but appear in the grants and plots attached), and the fact of defendants and others trespassing and committing acts of spoliation within its boundaries, it has been unable to ascertain the particular grants and deeds, if any, under which defendants pretend to justify and defend, and defendants, in equity and good conscience, should be required to disclose fully and completely the grants, entries, claims or deeds under which they claim the right to trespass upon the said lands, cutting and removing timber therefrom; and defendants cannot show any superior title to complainant. That said lands are assessed for taxes in complainant's name at $61,000. Then follow the prayers for relief. A temporary restraining order was granted, returnable on the rule day in February, 1902. The subpoena, bill, and restraining order were returned served on 58 of the defendants (naming them) when the questions were heard; counsel appearing on both sides.

Upon an examination of the record, it appears Mrs. N. J. Schulken one of the defendants, filed an answer January 31st in which she denies the title of complainant to parts of the land referred to, sets out her muniments of title thereto, and raises issues of fact which constitute an apparently good defense at law. A court of equity cannot try these issues. This defendant also denies any trespass or cutting of timber,-- in short, sets up defenses upon an apparently good legal title, which must be tried by a jury on the law side of the docket. To the rule to show cause she makes no specific answer, but her answer is considered in this connection, having been filed before the return day. On the return day the Gardner-Lacy Company answered with many affidavits, and demurred ore tenus to the bill. The defendant claims to be the owner in fee of certain tracts,-- the Burnice Little tract (80 acres), the Elijah Little tract, the Nathan Little tract, the Formyduval tract, the Narlow and Williams tract, the Samuel Evans tract (100 acres), and the Noah Williamson tract, of 100 acres, of which it and those under whom it claims have for more than seven years been in open, notorious, continuous, and exclusive possession under color of title. It claims the timber interests on all these lands; has established a lumbering camp, and constructed a tramway, with iron rails, engine, and logging outfit, five or six miles long, and prepared timber for market in ways described; some rafted, some cut down, and other trees belted preparatory to being felled. On the same day (being the return day) this defendant...