Hinton v. . Vinson
Supreme Court of North Carolina
Appeal by both parties from Guión, Jat October Term, 1919, of "Waxe. The Hintons and Mr. and Mrs. "Watson, owners of the land described' in tlieir deed, conveyed tbe timber thereon of a certain kind and size to John Vinson on 23 April, 1907, the same to be cut within eight years from date. There were other provisions in the deed, which may be-omitted as not being material.
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Appeal by both parties from Guión, Jat October Term, 1919, of "Waxe. The Hintons and Mr. and Mrs. "Watson, owners of the land described' in tlieir deed, conveyed tbe timber thereon of a certain kind and size to John Vinson on 23 April, 1907, the same to be cut within eight years from date. There were other provisions in the deed, which may be-omitted as not being material. The deed contained this clause: “And the party of the second part accepts this deed with the condition that he, bis heirs and assigns, will erect no mill on the streams leading into the fish pond on said land, which, with…
1Opinion of the Court
Walker, J.,
after stating the ease: When we consider the real question in this case its decision becomes a simple one. We are not, by this record, called upon to decide whether the clause of the deed quoted in our statement of the case is a condition, or merely a covenant, for the-complaint only declared upon it as strictly a condition, whereas the-court submitted issues, not according to the allegation of the complaint,, and the denial of the answer, but substantially and essentially departed from the only issue the parties themselves had made, and submitted an issue as to whether the…
2Cases cited16 opinions
- Union Pacific Railroad v. HallSupreme Court of the United States · 1876
- Coffin v. Left Hand Ditch Co.Supreme Court of Colorado · 1882
- Gallaher v. HerbertIllinois Supreme Court · 1886
- Saint Peter's Church v. BragawSupreme Court of North Carolina · 1907
- Allen v. . AllenSupreme Court of North Carolina · 1897
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