Norris v. . Laws
Supreme Court of North Carolina
ActioN tried before Neal, J., and a jury, at October Term, 1908, of Waee. This action was brought to recover damages for waste, alleged to have been committed by the defendant, Lovie Laws,.upon the land described in the pleadings.
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ActioN tried before Neal, J., and a jury, at October Term, 1908, of Waee. This action was brought to recover damages for waste, alleged to have been committed by the defendant, Lovie Laws,.upon the land described in the pleadings. There was evidence on the part of the plaintiff tending to show that in 1901 James Norris died, owning eighty-six acres of land and leaving a will, by which he devised ten acres to a nephew,- subject to the- control of testator’s wife, Lovie Norris (now Lovie Laws), until said nephew should become of .age. He was seventeen years of age at the time of the trial.…
1Opinion of the Court
Walker, J.,
after stating the case: • The accepted definition of “waste” is a spoil or destruction, done or permitted with respect to lands, houses, gardens, trees or other corporeal heredit-aments, by the tenant thereof, to the prejudice of him in reversion or remainder or, in other words, to the lasting injury of the inheritance. 2 Blk. Com., 281. Voluntary waste is active or positive, and consists in some act of destruction' or devastation. Permissive waste is such as is merely permitted by the tenant, and consists in the negUct or omission to do what will prevent injury to the estate or…
2Cases cited3 opinions
- Sherrill v. . ConnorSupreme Court of North Carolina · 1890
- King v. . MillerSupreme Court of North Carolina · 1888
- Shine v. . WilcoxSupreme Court of North Carolina · 1837