Rogerson v. Lumber Co.
Supreme Court of North Carolina
ActioN by J. Rogerson and others against the Greenleaf-Johnson Lumber Company, heard by Judge Frederick Moore, March Term, 1904, of the Superior Court of Mabtin County. This action was brought to recover damages for cutting timber, on land claimed by tbe plaintiffs under tbe will of Joseph Oorey. He devised land to bis daughter, Sarah F. Rogerson, for her life, and added that if she died leaving no heirs of her body the land should revert to his family.
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ActioN by J. Rogerson and others against the Greenleaf-Johnson Lumber Company, heard by Judge Frederick Moore, March Term, 1904, of the Superior Court of Mabtin County. This action was brought to recover damages for cutting timber, on land claimed by tbe plaintiffs under tbe will of Joseph Oorey. He devised land to bis daughter, Sarah F. Rogerson, for her life, and added that if she died leaving no heirs of her body the land should revert to his family. The plaintiffs, who are the children of Sarah, contend that at their mother’s death they took a remainder in fee by implication of law. The…
1Opinion of the Court
Walker, J.,
after stating the case. We cannot decide the interesting question raised in this case, as it is not properly before us. The appeal is fragmentary, not having been taken from a judicial order or determination of the Court which affects a substantial right of the defendant. On the con trary, the appeal was taken, from a mere opinion of the Court upon one of the questions of law involved in it, and which did not put an end to the action. We are asked to decide, not the whole controversy but only a part of the case. If we should comply .with the request, and the case should be further…
2Cases cited13 opinions
- Hines v. . HinesSupreme Court of North Carolina · 1881
- Arrington v. . ArringtonSupreme Court of North Carolina · 1884
- McKethan v. . RaySupreme Court of North Carolina · 1874
- Lutz v. . ClineSupreme Court of North Carolina · 1883
- Little v. . ThorneSupreme Court of North Carolina · 1885
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3Cited by8 opinions
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- Shields v. . FreemanSupreme Court of North Carolina · 1912
- Teasley v. . TeasleySupreme Court of North Carolina · 1934
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