Midyette v. Grubbs
Supreme Court of North Carolina
Civil actioN, tried before Lyon, J., at Spring Term, 1907, of tbe Superior Court of NORTHAMPTON County. It appears that W. E. Grubbs died on or about June, 1907, intestate, and domiciled in said county of Northampton. The plaintiff is the duly qualified and acting administrator of his estate, and the defendants are his widow and child and only heir at law.
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Civil actioN, tried before Lyon, J., at Spring Term, 1907, of tbe Superior Court of NORTHAMPTON County. It appears that W. E. Grubbs died on or about June, 1907, intestate, and domiciled in said county of Northampton. The plaintiff is the duly qualified and acting administrator of his estate, and the defendants are his widow and child and only heir at law. That at the time of his death said W. E. Grubbs was the owner of certain standing timber in said county, under and by virtue of three deeds, bearing date in' the year T905, which conveyed to said intestate all the timber, except the oak,…
1Opinion of the Court
Hoke, J.,
after stating the case: There are courts which hold that in deeds and contracts for the sale of standing timber which evidently contemplate an immediate severance of the timber, or severance within a reasonable time, but conferring no beneficial interest in the soil for the purpose of further growth, such timber shall be considered as personalty, and the validity and effect of contracts concerning it shall be construed and treated in most respects as affecting that kind of property. Page on Contracts, Vol. II, p. 992; Ewell on Fixtures (2d Ed.), 45, note 12; McClintock’s Appeal, 71…
2Cases cited15 opinions
- Bunch v. Elizabeth City Lumber Co.Supreme Court of North Carolina · 1903
- Hawkins v. Lumber Co.Supreme Court of North Carolina · 1905
- Lumber Co. v. Corey.Supreme Court of North Carolina · 1906
- Strasson v. MontgomeryWisconsin Supreme Court · 1873
- Huff v. McCauleySupreme Court of Pennsylvania · 1866
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Bateman v. Kramer Lumber Co.Supreme Court of North Carolina · 1911
- Carolina Timber Co. v. WellsSupreme Court of North Carolina · 1916
- Williams v. . ParsonsSupreme Court of North Carolina · 1914
- Fowle v. . McLeanSupreme Court of North Carolina · 1915
- Bishop v. Du BoseSupreme Court of North Carolina · 1960
12 more not listed; retrieve them via the Exa API.