From Casetext: Smarter Legal Research

Lupton v. Spencer

Supreme Court of North Carolina
Oct 1, 1918
96 S.E. 889 (N.C. 1918)

Opinion

(Filed 2 October, 1918.)

PROCESSIONING PROCEEDING, tried before Calvert, J., at Fall Term, 1917, of PAMLICO, upon these issues:

Moore Dunn for plaintiff.

H. L. Gibbs, E. A. Daniel, Jr., A. D. Ward, and W. F. Ward for defendants.


1. Is the line marked on the map, O, N, M, A, the true dividing line between the plaintiff, Lupton, and the defendant, Sawyer? Answer: No.

2. Is the line marked on the map, R, S, T, U, V, W, K, A, the true dividing line between the plaintiff, Lupton, and the defendant, Sawyer? Answer: Yes.

3. Is the line marked on the map, A, B, C, D, E, F, G, H, I, J, the true dividing line between the plaintiff, Lupton, and the defendant, Spencer? Answer: No.

4. Is the line marked on the map, A, K, J, the true dividing line between the plaintiff, Lupton, and the defendant, Spencer? Answer: Yes.

5. Did plaintiffs wrongfully cut and remove trees and timber from defendant W. R. Sawyer's land, as alleged? Answer: Yes.

6. If so, what damage is defendant Sawyer entitled to recover of the plaintiffs for such wrongful cutting and removal? Answer: $65.


There are thirty-five assignments of error relating to the evidence, and four to the charge of the court. We are of opinion that they are without substantial merit, and that no reversible error has been committed.

The issues relate solely to the true location of the dividing line between the lands of plaintiff and defendant, and present almost exclusively a question of fact, which has been settled by the verdict.

No error.


Summaries of

Lupton v. Spencer

Supreme Court of North Carolina
Oct 1, 1918
96 S.E. 889 (N.C. 1918)
Case details for

Lupton v. Spencer

Case Details

Full title:R. D. LUPTON v. NATHAN SPENCER ET ALS

Court:Supreme Court of North Carolina

Date published: Oct 1, 1918

Citations

96 S.E. 889 (N.C. 1918)
176 N.C. 687