Warwick v. . Taylor
Supreme Court of North Carolina
. Appeal by plaintiff from Cooke, J., at tbe March Term, 1913, Of NORTHAMPTON. Civil action. From a judgment of nonsuit, upon tbe first cause of action stated in complaint, plaintiff appeals. Plaintiff also moves in tbe Supreme Court for a new trial upon tbe second cause of action, upon tbe ground of newly discovered evidence. Tbe facts are stated in tbe opinion of tbe Court.
1Opinion of the CourtFrown, J.
Tbe facts pertinent to tbe first cause of action are these: Plaintiff conveyed to L. L. Taylor, tbe intestate, by deed dated 20 June, 1899, all tbe pine and oak timber of certain dimensions on a tract of land, to be cut and removed within seven years.. Tbe deed was duly recorded 22 ’July, 1899. Tbe said Taylor then gave to tbe plaintiff tbe following paper:
I, L. L. Taylor, do hereby give H. T. Warwick permission to cut tbe scattering pine timber on tbe bill on 2% acres of bis land lying on tbe southeast corner of bis bouse where be has been cutting cordwood, near a pond or drain in said woods.
2Cases cited1 opinion
- Simmons v. . MannSupreme Court of North Carolina · 1885
3Cited by4 opinions
- State v. . CaseySupreme Court of North Carolina · 1931
- State v. CaseySupreme Court of North Carolina · 1931
- Hilton v. United States Fire InsuranceSupreme Court of North Carolina · 1928
- Steeley v. Dare Lumber Co.Supreme Court of North Carolina · 1914