Potter v. . Mardre
Supreme Court of North Carolina
This was a civil action, tried before bis Honor Judge Eure, •at Spring Term, 1875, of the Superior Court of Perquimans •'county. • The following statement of the case accompanies the record sent up to this Court: The plaintiff’s wife is the owner of a life estate in right of dower in a tract of land in the county of Perquimans, and the plaintiff is, and lias been, in possession of the same for many years.
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This was a civil action, tried before bis Honor Judge Eure, •at Spring Term, 1875, of the Superior Court of Perquimans •'county. • The following statement of the case accompanies the record sent up to this Court: The plaintiff’s wife is the owner of a life estate in right of dower in a tract of land in the county of Perquimans, and the plaintiff is, and lias been, in possession of the same for many years. The defendants own the reversion in said land after the termination of the life estate of the plaintiff’s wife. In 1873, the plaintiff cut down, tyvo trees on said land, and used the timber…
1Opinion of the CourtRodMAN, J.
1. The plaintiff had a right to cut trees for the necessary repair of the farm buildings, but none to cut trees for building a boat to be used for fishing. When the trees were felled, the property in them. vested at once in the reversioners; who could ham maintained, trover, or by our statute replevin, for the timber, and could have recovered for so much as the plaintiff could not show that he had applied, or-was about to apply, to a lawful purpose, such as the repair of the buildings, &c. These propositions were resolved in Bowles’ case, 11 Rep., 79, and have been recognized as law ever…
2Cases cited1 opinion
- Heard v. JamesMississippi Supreme Court · 1873
3Cited by8 opinions
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- Wall v. . WilliamsSupreme Court of North Carolina · 1884
- Gaskins v. DavisSupreme Court of North Carolina · 1894
- Dorsey v. . MooreSupreme Court of North Carolina · 1888
- Gaskins v. . DavisSupreme Court of North Carolina · 1894
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