Russell v. Hill
Supreme Court of North Carolina
34 S.E. 640 (1899)
Russell (plaintiff) bought timber-harvesting rights from Mrs. McCoy, whose land grant actually encroached on land already granted to F.H. Busbee. Russell harvested timber under his agreement with McCoy and floated the logs to the Asheville Furniture Company, from which Hill (defendant) took the logs without Russell's permission and sold them to another company. Russell sued Hill in trover for the logs' value; the trial court found the timber came from Busbee's land, that McCoy wasn't exercising adverse possession at the time of the harvest, and therefore that McCoy couldn't have legally conveyed title to Russell, ruling for Hill.
Whether, under North Carolina law, when the true owner of property is known, one who formerly held possession of the property and is not the true owner can maintain an action to recover its value from a subsequent possessor.