WOODARD v. MARSHALL

No. 7211DC15.

187 S.E.2d 430 (1972)

14 N.C. App. 67

R. Edgar WOODARD v. Julian E. MARSHALL and Smithfield Lumber Company, Inc.

Court of Appeals of North Carolina.

March 29, 1972.


Attorney(s) appearing for the Case

George B. Mast, by Allen R. Tew, Smithfield, for defendants.

No counsel contra.


BROCK, Judge.

In undertaking to prove title to the premises from which the timber was alleged to have been unlawfully cut, plaintiff testified that he received a deed from his father for the premises in 1935. This deed to plaintiff was recorded on 5 November 1935. Plaintiff also offered the testimony of a surveyor which tended to show that the timber in controversy was cut from land embraced within the description contained in plaintiff's deed.

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