Sample v. John L. Roper Lumber Co.
Supreme Court of North Carolina
ActioN tried before Ward, J., and a jury, at July (Special) Term, 1908, of Tyrrell. The complaint alleged, and there was evidence tending to show, that plaintiffs, on 12 September, 1899, bad sold to defend-ant the timber of given dimension, to wit, measuring 14 inches at the stump, standing on a large body of land in Tyrrell County, at a contract price of $1,900, with a right to cut and remove the same within a specified time — three years, with privilege of two years more…
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ActioN tried before Ward, J., and a jury, at July (Special) Term, 1908, of Tyrrell. The complaint alleged, and there was evidence tending to show, that plaintiffs, on 12 September, 1899, bad sold to defend-ant the timber of given dimension, to wit, measuring 14 inches at the stump, standing on a large body of land in Tyrrell County, at a contract price of $1,900, with a right to cut and remove the same within a specified time — three years, with privilege of two years more hy paying interest — and with the right, further, to cut timber below the dimension given for the purpose of constructing…
1Opinion of the Court
Hoke, J.,
after stating the case: In McCoy v. Lumber Co., 149 N. C., 1, this Court held, in effect, that where one having a deed for real property, or, being in possession, claiming to own the same in fee, conveys or grants to another a lesser estate in the property or„a restricted interest therein, and there is evidence tending to show that the grantee took in recognition of the grantor’s right as the true owner, the parties to such a transaction, in any litigation between them involving the title, come within the principle very generally recognized, that when it appears that both parties to…
2Cases cited1 opinion
- McCoy v. Cape Pear Lumber Co.Supreme Court of North Carolina · 1908
3Cited by19 opinions
- Singleton v. Haywood Electric Membership Corp.Supreme Court of North Carolina · 2003
- Stewart v. . CarySupreme Court of North Carolina · 1941
- Ivester v. City of Winston-SalemSupreme Court of North Carolina · 1939
- Bishop v. ReinholdCourt of Appeals of North Carolina · 1984
- Stewart v. CarySupreme Court of North Carolina · 1941
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