Shine v. . Wilcox
Supreme Court of North Carolina
Thomas Hudson devised the tract of land whereon he resided to his wife for and during her natural life; and after the death of his wife, to the plaintiff. The defendant married the widow of the testator; and the plaintiff filed this bill against him, for and on account of the value of waste alleged to have been committed by him. The waste was denied by the answer.
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Thomas Hudson devised the tract of land whereon he resided to his wife for and during her natural life; and after the death of his wife, to the plaintiff. The defendant married the widow of the testator; and the plaintiff filed this bill against him, for and on account of the value of waste alleged to have been committed by him. The waste was denied by the answer. The testimony established that there was cleared ground upon the tract sufficient for the employment, and in the opinion of several of the witnesses, for the profitable employment of the slaves which belonged to Mr. Wilcox at the…
1Opinion of the Court
Gaston, Judge,
after stating the case as above, proceeded as follows: — It is insisted, on the part of the plaintiff, that the clearing of woodland is in itself waste; and that the only exception to this general law is when such clearing is necessary for the useful enjoyment of the land by the tenant for life.. We are of opinion, that this position is laid down too broadly. According to the adjudications in this state, and in most of the states of the union, the cutting down of timber is not waste, unless it does a lasting damage to the inheritance, and deteriorates its value; and not then, if…
2Cited by4 opinions
- Thomas v. . ThomasSupreme Court of North Carolina · 1914
- Norris v. . LawsSupreme Court of North Carolina · 1909
- Lambeth v. . WarnerSupreme Court of North Carolina · 1855
- Norris v. . LawsSupreme Court of North Carolina · 1909