Warren v. . Short
Supreme Court of North Carolina
CONTROVERSY, submitted without action, and beard before Timberlake,at Spring Term, 1896, of Beaufort Superior Court. From the agreed statement of facts it appeared that on 11th December, 18S8, D. Y. 'Warren sold and conveyed to E. M. Short, executor and devisor of the defendant, “ all the timber which measures twelve inches in diameter at the stump, or more than twelve inches, standing on a-certain tract of land.”
Read the full summary
CONTROVERSY, submitted without action, and beard before Timberlake,at Spring Term, 1896, of Beaufort Superior Court. From the agreed statement of facts it appeared that on 11th December, 18S8, D. Y. 'Warren sold and conveyed to E. M. Short, executor and devisor of the defendant, “ all the timber which measures twelve inches in diameter at the stump, or more than twelve inches, standing on a-certain tract of land.” The deed provided that “all the said timber above conveyed which shall remain standing, or which shall not be removed from said land within the period of ten years from this date,…
1Opinion of the Court
Avery, J. :
A conveyance of land at common law was deemed, unless a contrary intent was expressed in the deed, to relate to the date of its execution, and hence in construing the Statute of Wills (which contained the words “ having au estate of inheritance”) the courts decided that devises, being a species of conveyance, only land to which the devisor had title at the date of the execution of the instrument, not laud acquired between that time and his death, passed by a general disposition of all of his land. 2 Blk., p. 378. A person may convey the whole mineral interest, or only a particular…
2Cases cited3 opinions
- Brown v. . DailSupreme Court of North Carolina · 1895
- Loftin v. . HinesSupreme Court of North Carolina · 1890
- Williams v. . ChapmanSupreme Court of North Carolina · 1896
3Cited by16 opinions
- Allison v. WallSupreme Court of Georgia · 1905
- Doherty v. Harris Pine Mills, Inc.Oregon Supreme Court · 1957
- M. & I. TIMBER CO. v. Hope Silver-Lead Mines, Inc.Idaho Supreme Court · 1967
- Hardison v. Lumber Co.Supreme Court of North Carolina · 1904
- Sun Lumber Co. v. Nelson Fuel Co.West Virginia Supreme Court · 1921
11 more not listed; retrieve them via the Exa API.