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Property Law Keyed to Cribbet
Russell v. Hill
Facts
In 1887, after entry and survey, Busbee, trustee, received a grant, properly registered, from the state for the tract of land at issue. Thereafter, Mrs. McCoy entered and surveyed the same tract of land and also received a grant from the state. Mrs. McCoy had no notice of the grant to Busbee, except for that of the registration of Busbee’s grant implied by the law. Thereafter, Mrs. McCoy sold timber to Plaintiff, who then cut the timber and carried the logs to the Nantahalla River for the purpose of floating the logs to the Asheville Furniture Company. While the logs were situated on the bank of the river, the Defendant came and took them away and sold them to the Asheville Lumber Company for $686.84. The Defendants had no right to title or possession from anyone, including Plaintiff. The Asheville Lumber Company is insolvent and the lower court found that Plaintiff could not recover. Plaintiff appealed.
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