Latham v. Lumber Co.
Supreme Court of North Carolina
ActioN by Thos. LL Latham and others against Roanoke Railroad and Lumber Co., heard by Judge G. 'W. Ward upon the pleadings and facts agreed at the July Special Term •of the Superior Court of WashingtoN County.
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ActioN by Thos. LL Latham and others against Roanoke Railroad and Lumber Co., heard by Judge G. 'W. Ward upon the pleadings and facts agreed at the July Special Term •of the Superior Court of WashingtoN County. William Alsbrook devised the land from which the timber in controversy was cut to his daughter, Sabra Harrison, for life, concluding with the words: “And after her death the said land and negroes are to go to the children of my said daughter and the children of such as are dead.” Sabra Harrison, who is living, had thirteen children, one of whom intermarried with B. D. Latham and died,…
1Opinion of the CourtConnor, J.
The plaintiffs having neither the possession, nor the right thereto, cannot maintain an action for trespass. The authorities cited by their counsel in his well considered brief amply sustain the right of the owner of the inheritance, either by way of reversion or vested remainder, to sue for waste and recover the damage to the inheritance. Burnett v. Thompson, 51 N. C., 210; Walls v. Williams, 91 N. C., 477; Dorsey v. Moore, 100 N. C., 41. It is equally well settled that one entitled to a contingent remainder cannot maintain an action to recover damages for waste. Hunt v. Hall, 37 Me., 363.…
2Cases cited6 opinions
- Bowen v. Hackney.Supreme Court of North Carolina · 1904
- Irvin v. . ClarkSupreme Court of North Carolina · 1887
- University v. TuckerWest Virginia Supreme Court · 1888
- Wall v. . WilliamsSupreme Court of North Carolina · 1884
- Burnett v. . ThompsonSupreme Court of North Carolina · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Jones v. . WhichardSupreme Court of North Carolina · 1913
- Cameron v. Hicks.Supreme Court of North Carolina · 1906
- Cherry v. Canal Co.Supreme Court of North Carolina · 1906
- Thompson v. . HumphreySupreme Court of North Carolina · 1919
- Mercer v. . DownsSupreme Court of North Carolina · 1926
25 more not listed; retrieve them via the Exa API.