McCoy v. Cape Pear Lumber Co.
Supreme Court of North Carolina
A’otioN tried before Neal, J., and a jury, at March Term, 1908, of PeNDKR County. There was evidence, tending to ’show, that, under certain deeds from plaintiff, and those under whom he claimed, conveying to defendants the standing timber of certain dimensions, within a given boundary of land, with the right to enter, cut and remove same, said defendants or-their grantees had entered and cut the timber on said land not included in their deed or contract, and had wrongfully…
Read the full summary
A’otioN tried before Neal, J., and a jury, at March Term, 1908, of PeNDKR County. There was evidence, tending to ’show, that, under certain deeds from plaintiff, and those under whom he claimed, conveying to defendants the standing timber of certain dimensions, within a given boundary of land, with the right to enter, cut and remove same, said defendants or-their grantees had entered and cut the timber on said land not included in their deed or contract, and had wrongfully committed other 3poil and injury to said land not contemplated or authorized by said deed. Under the charge of the Court,…
1Opinion of the Court
Hoiíe, J.,
after stating the case: The objections chiefly urged to the validity of the trial below are for alleged errors in the determination of the 1st issue, that addressed to the plaintiff’s ownership of the land on which the timber was situated. In Whitaker v. Cawthorne, 14 N. C., 390, Daniel, J., delivering the opinion, quotes with approval the statement of Blackstone in reference to the term “land”:
_ “If a man grant all his lands, he grants thereby all his mines of metal, and other fossils, his woods, his waters, and .his house, as well as his fields and meadows.”
And, in determining the…
2Cases cited7 opinions
- N. H. Frey v. . A. L. RamsourSupreme Court of North Carolina · 1872
- Fisher v. Cid Copper Mining Co.Supreme Court of North Carolina · 1886
- Dem on the Demise of Johnson v. WattsSupreme Court of North Carolina · 1853
- Den on Dem. of Register v. RowellSupreme Court of North Carolina · 1856
- State v. . WhitSupreme Court of North Carolina · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Stewart v. . CarySupreme Court of North Carolina · 1941
- Sample v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1909
- Stewart v. CarySupreme Court of North Carolina · 1941
- Van Gilder v. . BullenSupreme Court of North Carolina · 1912
- Leroy v. Pasquotank & North River Steamboat Co.Supreme Court of North Carolina · 1914
11 more not listed; retrieve them via the Exa API.