Parsons v. John L. Roper Lumber Co
| Decision Date | 23 November 1938 |
| Docket Number | No. 309.,309. |
| Citation | 214 N.C. 459,199 S.E. 626 |
| Court | North Carolina Supreme Court |
| Parties | PARSONS. v. JOHN L. ROPER LUMBER CO. et al. |
Appeal from Superior Court, Carteret County; J. Paul Frizzelle, Judge.
Action by A. E. Parsons against the John L. Roper Lumber Company and another for damages for trespass in cutting and removing timber from plaintiff's land. Judgment for plaintiff, and defendants appeal.
Reversed.
W. B. Rodman, of Washington, J. F. Duncan, of Beaufort, and L. I. Moore, of New Bern, for appellants.
William Dunn and Ward & Ward, all of New Bern, for appellee.
The plaintiff sued to recover damages of the defendants for trespass in cutting and removing timber from his land.
In an endeavor to show the ownership of the lands in which the alleged trespass was committed, plaintiff's evidence was sufficient, we think, to connect himself, prima facie, with the original grant set out in the complaint and introduced in evidence. But his attempt to locate that grant sufficiently well to be of service to him in covering the locus of the trespass was not so successful.
The grant reads as follows:
............
It developed during the trial that none of the trees called for as marking the beginning or other corners remain, and there are no vestiges of marked trees at any point of the survey. There are certain natural objects which serve to point out the location of corners and former landmarks in a general way: A spur of Broad Creek, the Great Dismal, Tornigan's Bay. But these are too remote and the relation too indefinite to mark, with any degree of accuracy, the location or point intended. For instance, Nelson's Hammock is strung along the bay for several hundred yards and is perhaps a mile across the bay from the point in the survey to which it refers. The Great Dismal is a vast area, and the beginning corner may be placed up or down the spur of Broad Creek at will. None of the...
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Peterson v. Sucro, 4384.
...not being fixed. See, also, Mann v. Taylor, 49 N.C. 272, 69 Am.Dec. 750. The very recent case of A. E. Parsons v. John L. Roper Lumber Co. and Charles Lewis, 214 N.C. 459, 199 S.E. 626, is also in point. The opinion in that case was filed by the Supreme Court of North Carolina, November 23,......
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Andrews v. Bruton
...description in the deeds to the earth's surface. G.S. § 8-39; Locklear v. Oxendine, 233 N.C. 710, 65 S.E.2d 673; Parsons v. John L. Roper Lumber Co., 214 N.C. 459, 199 S.E. 626. In the absence of title or color of title, they were required to establish the known and visible lines and bounda......
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Day v. Godwin
...thereby lies within the bounds, and forms a part, of the locus in quo.' Skipper v. Yow, 238 N.C. 659, 78 S.E.2d 600; Parsons v. Lumber Co., 214 N.C. 459, 199 S.E. 626. 'Whether relying upon their deeds as proof of title or color of title, they were required to locate the land by fitting the......
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