Powers v. Angola Lumber Co.
Supreme Court of North Carolina
Appeal from Whedbee, J., at September Term, 1910, of PENDER. This is an action to recover damages for cutting timber on the land of the plaintiff, and to restrain the defendant from further trespassing thereon.
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Appeal from Whedbee, J., at September Term, 1910, of PENDER. This is an action to recover damages for cutting timber on the land of the plaintiff, and to restrain the defendant from further trespassing thereon. On 16 June, 1900, the plaintiff, in consideration of $350 in cash and of $350 to be paid on or before 1 May, 1901, conveyed to the Angola Lumber Company, to whose rights the Carolina Timber Company succeeded, “all the pine timber, both standing and fallen, of the dimensions of 12 inches or more in diameter at a distance 12 inches from the ground, or which shall attain such size at any…
1Opinion of the Court
Allen, J.,
after stating tbe case: Tbe last installment of tbe purchase price was paid in September, 1900, and tbe deed says, “All of said timber shall be removed within a period of five years from the date of the last installment of the above-mentioned purchase money.” It follows that the right to remove under this clause of the deed expired in September, 1905.
We have held at this term in Hornthal v. Howcott, ante, 228, speaking of a timber deed like this: “It is well settled, on principle and by authority, that the legal effect of the instrument is that the vendor thereby conveyed to the…
2Cited by6 opinions
- Hartley v. NeavesSupreme Court of Virginia · 1915
- Rountree v. . Cohn-Bock Co.Supreme Court of North Carolina · 1912
- Bangert v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1915
- Gotham v. Wachsmuth Lumber Co.Wisconsin Supreme Court · 1914
- Taylor v. . MungerSupreme Court of North Carolina · 1915
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