Smith v. . Whitley

135 S.E. 927, 192 N.C. 825, 1926 N.C. LEXIS 439

Opinion

Pee Cublam.

Defendants’ assignments of error upon this appeal cannot be sustained.

Plaintiff is seized in fee and in possession of tbe land described in tbe complaint, subject to tbe rights of defendants; defendants, by virtue of reservations in deeds under wbicb plaintiff owns said land, own tbe minerals in same. Defendants went upon tbe land and did tbe various acts thereon as alleged in tbe complaint. Tbe jury upon competent evidence has so found. Under a charge wbicb is free from error, such acts, or some of them, were found by tbe jury to constitute trespasses upon tbe rights of plaintiff. Tbe damages were assessed by tbe jury, upon sufficient evidence, under instructions wbicb are well sustained, both upon principle and by authoritative decisions of this Court. Tbe judgment is affirmed. There is

No error.