Sherrod v. . Battle

Supreme Court of North Carolina

Sherrod v. . Battle

60 S.E. 647, 147 N.C. 10, 1908 N.C. LEXIS 2

DecidedMarch 4, 1908

StatusPublished

This text of 60 S.E. 647 (Sherrod v. . Battle) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sherrod v. . Battle, 60 S.E. 647, 147 N.C. 10, 1908 N.C. LEXIS 2 (N.C. 1908).

Pincite

Opinion

Pee. Cueiam :

This is an action brought by tbe plaintiffs to try tbe title to timber lands and to restrain tbe defendants, from trespassing thereon by cutting tbe timber thereon. Upon *11 tbe bearing, all tbe affidavits and counter affidavits for plaintiffs and defendants were considered by tbe Judge, and be reached tbe conclusion, and so found as a fact, “that there is a good-faith contention 'on both sides, based upon evidence constituting a prima facie title.” Having made this finding of fact, it became tbe duty of tbe Judge to forbid either party to cut timber trees on tbe land in dispute until tbe final determination. Revisal, secs. 80J, 808. AVe have carefully reviewed tbe record, as we have tbe power to do, and conclude that there is no just ground for reversing tbe judgment. Inasmuch as tbe title to the land is put in issue and is to be tried before a jury, when tbe facts will be fully developed, we content ourselves with simply affirming tbe order of tbe Judge below.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Pee. Cueiam :

This is an action brought by tbe plaintiffs to try tbe title to timber lands and to restrain tbe defendants, from trespassing thereon by cutting tbe timber thereon. Upon *11 tbe bearing, all tbe affidavits and counter affidavits for plaintiffs and defendants were considered by tbe Judge, and be reached tbe conclusion, and so found as a fact, “that there is a good-faith contention 'on both sides, based upon evidence constituting a prima facie title.” Having made this finding of fact, it became tbe duty of tbe Judge to forbid either party to cut timber trees on tbe land in dispute until tbe final determination. Revisal, secs. 80J, 808. AVe have carefully reviewed tbe record, as we have tbe power to do, and conclude that there is no just ground for reversing tbe judgment. Inasmuch as tbe title to the land is put in issue and is to be tried before a jury, when tbe facts will be fully developed, we content ourselves with simply affirming tbe order of tbe Judge below.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

60 S.E. 647, 147 N.C. 10, 1908 N.C. LEXIS 2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherrod-v-battle-nc-1908.