(Download) "Bishop v. Reinhold" by Court of Appeals of North Carolina No. 8228SC1353 " eBook PDF Kindle ePub Free
eBook details
- Title: Bishop v. Reinhold
- Author : Court of Appeals of North Carolina No. 8228SC1353
- Release Date : January 07, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
In the construction of their new dwelling house the defendants Reinhold partially erected the house on the adjoining, unimproved, lot of the plaintiffs, the Bishops. In this action for trespass the Bishops sue for removal of the building. The jury by its verdict found that the defendants had committed a wrongful trespass, that the deed from the Reinholds to the Bishops did not contain a mutual mistake of the parties or a mistake or inadvertence of the draftsman as to the description of the lot, and did award the Bishops $3,250 in damages. The judgment decreed that the encroachment constituted a continuing trespass, that the $3,250 represented ""damages for such wrongful trespass to the date of trial,"" and that jurisdiction was retained in the trial court for a future trial which would assess ""rental value (or its equivalent)"" from the date of the first trial to the date of the future, or second, trial, and that the future jury should ""ascertain the reasonable cost of removing the structure"" from the Bishops' premises. Defendants appeal.
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