Fowle v. . McLean
Supreme Court of North Carolina
Appeal by defendant from Bond, J., 28 January, 1915, at chambers; from Beaupobt. Civil action beard on return to restraining order, by consent, and upon case agreed.
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Appeal by defendant from Bond, J., 28 January, 1915, at chambers; from Beaupobt. Civil action beard on return to restraining order, by consent, and upon case agreed. Tbe facts agreed upon are as follows: “This cause coming on to be beard before tbe undersigned judge on tbe return to an injunction heretofore issued, tbe following facts are, by consent, found, and are agreed upon by tbe parties hereto as tbe facts in tbe case: “(1) It is found as a fact that on 11 November, 1911, summons was issued in favor of McKeel-Richardson Hardware Company against Washington Lumber Company, W. E. Harrell,…
1Opinion of the CourtHoke, J.
There are numerous decisions in this State to the effect that standing timber is to be considered as realty and that a deed conveying such timber to the grantee and giving power to cut and remove same within a specified period creates a fee-simple estate in realty, not absolute, but defeasible as to all such timber as is not cut and appropriated within the time, and as the correct deduction from the position ■ it was held, at the last term, in Williams v. Parsons, 167 N. C., 529, that such an estate, while it exists, is subject to the lien of a docketed judgment and to the ordinary methods of…
2Cases cited23 opinions
- Bateman v. Kramer Lumber Co.Supreme Court of North Carolina · 1911
- Hawkins v. Lumber Co.Supreme Court of North Carolina · 1905
- Lumber Co. v. Corey.Supreme Court of North Carolina · 1906
- Hornthal v. . HowcottSupreme Court of North Carolina · 1911
- McDowell v. LockhartSupreme Court of North Carolina · 1885
18 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Weil v. . HerringSupreme Court of North Carolina · 1934
- Edwards v. Northwestern BankCourt of Appeals of North Carolina · 1979
- Hoft v. . MohnSupreme Court of North Carolina · 1939
- Chrysler Credit Corp. v. BurtonDistrict Court, M.D. North Carolina · 1984
- Sykes v. . EverettSupreme Court of North Carolina · 1914
9 more not listed; retrieve them via the Exa API.