Bateman v. Kramer Lumber Co.
Supreme Court of North Carolina
Appeal from J. S. Adams, J., at November Term, 1910, of TYRRELL. Civil action to recover damages for wrongfully cutting timber on lands of plaintiff.
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Appeal from J. S. Adams, J., at November Term, 1910, of TYRRELL. Civil action to recover damages for wrongfully cutting timber on lands of plaintiff. There was evidence to show that on 1 October, 1906, Enoch Bateman sold and conveyed to defendant company the standing timber on a certain tract of land in Tyrrell County, the deed therefor containing the following stipulation concerning the cutting and removing of the timber: “It is expressly understood and agreed that the party of the second part, its successors and assigns, shall have a term of two years in which to cut and remove said timber,…
1Opinion of the Court
Hoke, J.,
after stating the case: We have held in many recent decisions that deeds of this character by correct interpretation convey to the grantees an estate in fee in the timber, determinable as to all of the timber not cut and removed within the stipulated period, Hornthal v. Howcott, ante, 228; Midyette v. Grubbs, 145 N. C., 85; Mining Co. v. Cotton Mills, 143 N. C., 308; Lumber Co. v. Corey, 140 N. C., 467; Hawkins v. Lumber Co., 139 N. C., 162. It has been held further, that in conveyances and contracts of this kind, considering the general purport of the instrument, the character and…
2Cases cited14 opinions
- Dyer v. DuffyWest Virginia Supreme Court · 1894
- Hawkins v. Lumber Co.Supreme Court of North Carolina · 1905
- Lumber Co. v. Corey.Supreme Court of North Carolina · 1906
- Butts v. . ScrewsSupreme Court of North Carolina · 1886
- Cherry v. Canal Co.Supreme Court of North Carolina · 1906
9 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Jones v. GibbsTexas Supreme Court · 1939
- Winders v. . KenanSupreme Court of North Carolina · 1918
- Douglass v. BrooksSupreme Court of North Carolina · 1955
- Murphy v. Schuster Springs Lumber Co.Supreme Court of Alabama · 1926
- Carolina Timber Co. v. WellsSupreme Court of North Carolina · 1916
41 more not listed; retrieve them via the Exa API.