Sherrod v. Battle, 147 N.C. 10 (1908)

March 4, 1908 · Supreme Court of North Carolina

147 N.C. 10

J. W. SHERROD et al. v. M. J. BATTLE et al.

(Filed 4 March, 1908).

Deeds and Conveyances — Title—“Good Faith Contention” — Timber— Cutting Restrained — Hearing.

In an action to try title to timber lands and to restrain cutting tbe timber, it baying been fouild as a fact by tbe Judge below “that there is a good-faith contention on both sides, based upon evidence constituting a prima facie title,” it was proper for him to forbid either party from cutting the timber until final determination of the suit.

Civil actioN, tried by Neal, J., upon injunction proceedings, at September Term, 1907, of tbe Superior Court of Edgecombe County.

From an order continuing tbe injunction to tbe bearing defendants appealed.

F. S. Spruill for plaintiffs.

Jacob Battle for defendants.

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 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.