{
  "id": 11268637,
  "name": "J. W. SHERROD et al. v. M. J. BATTLE et al.",
  "name_abbreviation": "Sherrod v. Battle",
  "decision_date": "1908-03-04",
  "docket_number": "",
  "first_page": "10",
  "last_page": "11",
  "citations": [
    {
      "type": "official",
      "cite": "147 N.C. 10"
    }
  ],
  "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": [],
  "analysis": {
    "cardinality": 151,
    "char_count": 1769,
    "ocr_confidence": 0.47,
    "sha256": "1119fa7f598d318b5ec89de3961f99779ab6568e06234b696258dab62f04922e",
    "simhash": "1:1c4061b122ac58f8",
    "word_count": 302
  },
  "last_updated": "2023-07-14T19:43:12.008409+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "J. W. SHERROD et al. v. M. J. BATTLE et al."
    ],
    "opinions": [
      {
        "text": "Pee. Cueiam :\nThis 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, \u201cthat there is a good-faith contention 'on both sides, based upon evidence constituting a prima facie title.\u201d 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.\nAffirmed.",
        "type": "majority",
        "author": "Pee. Cueiam :"
      }
    ],
    "attorneys": [
      "F. S. Spruill for plaintiffs.",
      "Jacob Battle for defendants."
    ],
    "corrections": "",
    "head_matter": "J. W. SHERROD et al. v. M. J. BATTLE et al.\n(Filed 4 March, 1908).\nDeeds and Conveyances \u2014 Title\u2014\u201cGood Faith Contention\u201d \u2014 Timber\u2014 Cutting Restrained \u2014 Hearing.\nIn 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 \u201cthat there is a good-faith contention on both sides, based upon evidence constituting a prima facie title,\u201d it was proper for him to forbid either party from cutting the timber until final determination of the suit.\nCivil actioN, tried by Neal, J., upon injunction proceedings, at September Term, 1907, of tbe Superior Court of Edgecombe County.\nFrom an order continuing tbe injunction to tbe bearing defendants appealed.\nF. S. Spruill for plaintiffs.\nJacob Battle for defendants."
  },
  "file_name": "0010-01",
  "first_page_order": 48,
  "last_page_order": 49
}
