{
  "id": 11272468,
  "name": "WINBORNE v. ELIZABETH CITY LUMBER COMPANY",
  "name_abbreviation": "Winborne v. Elizabeth City Lumber Co.",
  "decision_date": "1902-03-04",
  "docket_number": "",
  "first_page": "32",
  "last_page": "33",
  "citations": [
    {
      "type": "official",
      "cite": "130 N.C. 32"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "112 N. C., 546",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8651459
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/112/0546-01"
      ]
    },
    {
      "cite": "97 N. C., 121",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8649496
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/97/0121-01"
      ]
    },
    {
      "cite": "90 N. C., 317",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8693130
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/90/0317-01"
      ]
    }
  ],
  "analysis": {
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    "sha256": "841ce20d9cc91913c1e5a9083a3135a8430fc408bd08bddbb9234815d637b1dd",
    "simhash": "1:1479f3989cb9f9ac",
    "word_count": 523
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  "last_updated": "2023-07-14T15:31:43.301896+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "WINBORNE v. ELIZABETH CITY LUMBER COMPANY."
    ],
    "opinions": [
      {
        "text": "Clark, J.\nOne tenant in common can recover the entire tract against a third party, for each tenant is entitled to possession of the rvhole, except against a co-tenant. Yancey v. Greenlee, 90 N. C., 317; Lafoon v. Shearin, 95 N. C., an page 393; Thames v. Jones, 97 N. C., 121; Gilchrist v. Middleton., 107 N. C., at page 684 (which is full and explicit). When defendant is a co-tenant, then only the plaintiff\u2019s interest- is defined by the judgment. Foster v. Hackett, 112 N. C., 546. Here, the defendant being a stranger, the Court erred in directing the jury to respond to the first issue \u201cYes, one-fifth of the land,\u201d if they believed the evidence; whereas, the defendant had no right to have the amount of plaintiff\u2019s right to possession determined, for, as against defendant, the plaintiff was entitled to recover possession of the whole. The jury seems to have cured this error by simply answering the issue \u201cYes.\u201d\nAs t\u00f3 the damages for cutting the timber, the plaintiff was entitled to recover only one-fifth, since this judgment would not be a bar to an action by the other four tenants in common for their \u00b0pro rata part of the damages. Otherwise, as to the realty, -which can not be destroyed, and the possession of which by the plaintiff enures to the benefit of his co-tenants, since his possession is their possession. The judgment should be modified by giving plaintiff judgment to recover the entire tract, and, as thus modified, it is\nAffirmed.",
        "type": "majority",
        "author": "Clark, J."
      }
    ],
    "attorneys": [
      "W. M. Bond, for the plaintiffs.",
      "Shepherd & Shepherd, for the defendant."
    ],
    "corrections": "",
    "head_matter": "WINBORNE v. ELIZABETH CITY LUMBER COMPANY.\n(Filed March 4, 1902.)\n1. TENANCY IN COMMON \u2014 Ejectment\u2014Trespass.\nOne tenant in common can recover the entire tract against a third party.\n2. TENANCY IN COMMON \u2014 Trespass\u25a0\u2014Damages.\nIn an action for trespass, one tenant in common is entitled to judgment only for his proportionate part of the damages.\nAgtioN by W. H. Winborne and. others against the Elizabeth City Lumber Company, heard by Judge Geo. H. Brown and a jury, at September Term, 1901, of the Superior Court of CiiowaN County.\nErom the following judgment, the plaintiffs appealed:\n\u201cThis cause coming on to be heard, all parties being before the Court, and the issues having been answered as appears in record, it is adjudged, ordered and decreed that plaintiffs W. PI. Winborne and others recover of defendant, the Elizabeth City Lumber Company, the sum of forty dollars, with interest on same from this date until paid, and the costs of this action, to be taxed by the Clerk of this Court.\n\u201cIt is further adjudged and decreed, that the contract attached to complaint from Geo. Eason and wife Juda Ann Eason to Gay Mfg. Co., registered in office of Begister of Deeds of Chowan County, N. C., in Book . ., page . ., is void, and same is hereby cancelled and set aside.\n\u201cIt is further adjudged, that plaintiffs', own an undivided one-fifth interest in land described in said paper or contract, and further, that defendant has no interest in said land, nor claim upon said timber. G. PI. BeowN, Je., Judge\nW. M. Bond, for the plaintiffs.\nShepherd & Shepherd, for the defendant."
  },
  "file_name": "0032-01",
  "first_page_order": 68,
  "last_page_order": 69
}