Carolina Timber Co. v. Bryan
Supreme Court of North Carolina
Civil ACTION, beard on case agreed before Connor, J., December, 1915, of SAMPSON. Tbe ease presented was a contest between tbe administrator and tbe heirs at law of J. S. Johnston, tbe latter being represented'by J. B. High-smith, guardian, as to tbe right to $36.60, tendered in accordance with tbe provision of a timber deed to secure an extension of time, etc. There was judgment in favor of tbe personal representative, and tbe guardian excepted and appealed.
1Opinion of the CourtHoke, J.
Tbe relevant facts in this case are similar to those presented in Lumber Co. v. Wells and Page, just decided, except that here tbe grantor died and tbe time originally provided for removing tbe timber and for which be bad been paid having expired, the grantees tendered tbe money dne for an extension, and same is claimed by tbe administrator and tbe beirs at law.
In accordance witb our decision in tbe case of Lumbar Co. v. Wells, we must bold tbat tbe right to tbis fund is in tbe beirs. Tbe title having descended to them, it is from their estate tbat tbe interest arises, and they are entitled…
2Cited by9 opinions
- First-Citizens Bank & Trust Co. v. FrazelleSupreme Court of North Carolina · 1946
- Morton v. Pine Lumber Co.Supreme Court of North Carolina · 1919
- Dill-Cramer-Truitt Corp. v. ReynoldsSupreme Court of North Carolina · 1923
- Bank of Onslow v. Rowland Lumber Co.Supreme Court of North Carolina · 1927
- Granville Lumber Co. v. AtkinsonDistrict Court, E.D. North Carolina · 1916
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