Legal Opinion

Mining Co. v. . Cotton Mills

Supreme Court of North Carolina

Decided December 11, 1906PublishedCited by 13 opinions

ActioN by the Ormand Mining Company and others against Bessemer City Cotton Mills and others, heard by Judge Henry R. Bryan and a jury, at the February Term, 1906, of the Superior Court of Gaston. From a judgment for the plaintiff, the defendants appealed.

1Opinion of the Court

Ct.a-r.tCj O. J.

The plaintiff holds, under mesne conveyance, certain lands and mineral rights from one Pinchback, whose deed to plaintiff’s grantor contains the following exceptions or reservation: “All the woods and timber is reserved by me,” with the addition that if the grantee should “divide up the land referred to in lots and begin the .erection of any building on any lot, then I shall have no further right to any timber on said lot after any building is begun.”

It is true, as contended by the plaintiff, that “a deed purporting to convey all the wood and timber therein described vests in…

2Cases cited3 opinions

  1. Bunch v. Elizabeth City Lumber Co.Supreme Court of North Carolina · 1903
  2. Hawkins v. Lumber Co.Supreme Court of North Carolina · 1905
  3. Lumber Co. v. Corey.Supreme Court of North Carolina · 1906

3Cited by13 opinions

  1. Bateman v. Kramer Lumber Co.Supreme Court of North Carolina · 1911
  2. Hornthal v. . HowcottSupreme Court of North Carolina · 1911
  3. State v. HarrisCourt of Appeals of North Carolina · 2001
  4. Midyette v. GrubbsSupreme Court of North Carolina · 1907
  5. Midyette v. . GrubbsSupreme Court of North Carolina · 1907

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