RUSSELL V. HILL
125 N.C. 470, 34 S.E. 640 (1899)
NATURE OF THE CASE: This was an action in trover. Appealed. Russell (P) sought review of
an order, which granted judgment in favor of Hill (D) holding P could not maintain action in
trover where P's seller did not have legal title in timber sold to P.
FACTS: Busbee received a grant from the state for a certain tract of land. Later, McCoy
received a grant from the state for a tract of land, a portion of which was also part of
Busbee's grant. McCoy had no knowledge, except that imposed by the fact of registration, of
the prior grant. McCoy sold timber from the land owned by Busbee to Russell (P). P cut the
timber and took it to the bank of a river, to be transported downstream to a furniture
company. While the logs were lying on the bank, Hill (D) stole them and sold them to a
lumber company. P sued in trover to recover the value of the logs. The trial court found
that P could not recover. P appeals.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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