49 N.C. 295
Supreme Court of North Carolina
Decided June 5, 1857
Supreme Court of North Carolina · decided 1857-06-05
This was an action of tresspass qua/re clausiomfregit^'tried before Ellis, J., at the Spring Term, 1857, of Camden Superior Court. The plaintiff traced his title from one James Bray, who was in the habit, more than forty.years ago, of going yearly, for a few weeks at a time, upon the land, and getting rails and other timber; that in some years he would go more than once ; that he also would go upon the land as often as they were cut, and take off timber and rails.
Good law ✅— No negative treatment on recordhow we know
Decided 1857-06-05
Cited by 5 later decisions — most recently June 1969
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →
¶1 The acts of the plaintiff, and those under Whom he claims, in getting rails off of the land from year to year, were separate and unconnected trespasses, and do not amount to the exercise of such ownership as will ripen a title, or give the right to maintain an action of trespass, q. c. f. The doctrine on this subject is discussed, and all the cases collated in Loftin v. Cobb, 1 Jones’ Rep. 406. There is no error.
¶2 Pee Cuexam. Judgment affirmed.