Champion Paper & Fibre Co. v. Lee, 216 N.C. 795 (1939)

Sept. 27, 1939 · Supreme Court of North Carolina

216 N.C. 795

THE CHAMPION PAPER & FIBRE COMPANY and C. R. McNEELY v. H. D. LEE, R. G. JENNINGS, Individually, and R. G. JENNINGS, EVAN G. JENNINGS and J. G. VOLMER, Executors and Trustees of the Estate of E. H. JENNINGS, Deceased.

(Filed 27 September, 1939.)

Appeal by defendants from Rousseau, J., at April Term, 1939, of TRANSYLVANIA.

Civil action in ejectment, for recovery of damages for alleged acts of trespass and for removal of cloud upon title.

From order of compulsory reference defendants appeal to the Supreme Court, and assign error.

Geo. H. Smathers and D. L. English for plaintiff, appellee.

Lewis P. Hamlin and Ralph H. Ramsey, Jr., for defendant, appellant.

Per Curiam.

Tbe respective contentions of tbe parties as disclosed by tbe pleadings present similar factual situation to that in No. 162 entitled “The Champion Paper & Fibre Co. v. H. D. Lee et al.,” ante, 244. Tbe finding upon wbicb tbe order of reference is made is tbe same. As in tbat case, we find bere no error in tbe order.

Tbe judgment below is

Affirmed.