Goldsboro Lumber Co. v. Hines Bros. Lumber Co.
Supreme Court of North Carolina
Civil Aotiow in trespass and fo¡r injunction, beard before Bryam, Jupon motion to continue until final hearing a temporary order of restraint heretofore granted, determined at Chambers at New Bern, on December 19, 1899, in cause pending in JoNes Superior Court. . Both parties claim easements, under timber deeds from the same grantor — plaintiff’s deed dated September' 27, 1897, defendant’s deed dated October 31, 1899. The plaintiff claims that his rights were exclusive, and…
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Civil Aotiow in trespass and fo¡r injunction, beard before Bryam, Jupon motion to continue until final hearing a temporary order of restraint heretofore granted, determined at Chambers at New Bern, on December 19, 1899, in cause pending in JoNes Superior Court. . Both parties claim easements, under timber deeds from the same grantor — plaintiff’s deed dated September' 27, 1897, defendant’s deed dated October 31, 1899. The plaintiff claims that his rights were exclusive, and extended to the whole tract of 250 acres. The defendant claims that his rights are not in conflict with the rights…
1Opinion of the CourtFaircloth, C. J.
On September 27, 1897, Casper sold to the plaintiff all the trees and timber standing and down, growing and dead, measuring at the “time of severance and removal, not less than fourteen inches in diameter, twenty-four inches above the ground,” in and upon a certain tract of 250 acres of laud, to be removed on or before eight years from that day. Tie further agreed that -plaintiffs shall have and are thereby granted “exclusive right-of-way to build, equip, construct and operate over, across, through and upon said lands such tramroads and railroads as shall be necessary for moving said trees…
2Cases cited2 opinions
- Bogey v. . ShuteSupreme Court of North Carolina · 1854
- Howell v. . HowellSupreme Court of North Carolina · 1848
3Cited by12 opinions
- Virginia & Carolina Southern Railroad v. McLeanSupreme Court of North Carolina · 1912
- Hardison v. Lumber Co.Supreme Court of North Carolina · 1904
- Atlantic Coast Line Railroad v. BuntingSupreme Court of North Carolina · 1915
- Marion County Lumber Co. v. Tilghman Lumber Co.Supreme Court of South Carolina · 1906
- Sun Lumber Co. v. Nelson Fuel Co.West Virginia Supreme Court · 1921
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