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Russell v. Hill | 34 S.E. 640 (1899)
When Susie obtains Jack’s permission to use what she thinks is his bike, what happens if she totals it? What if the bike actually belongs to Joey? The eighteen ninety-nine North Carolina case of Russell versus Hill examines a similar scenario in the context of some highly coveted timber.
Mr. Russell purchased from Mrs. McCoy what he thought were the rights to timber located on her land. However, the state had previously granted, and properly registered, this land to a Mr. Busbee. Mr. Russell didn’t know this, and he proceeded to harvest the timber and cut it into logs. He prepared to have the trimmed logs floated to a furniture company. While the logs sat on the riverbank awaiting transfer, Mr. Hill took them and sold them to a lumber company. Mr. Hill had permission from no one to do this.
Russell sued Hill in trial court for the value of the logs. The trial court found for Hill because it determined Russell held no legal title to timber that had been harvested from the land that Busbee rightfully owned. Russell appealed to the state supreme court.
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