Moring v. . Ward
Supreme Court of North Carolina
This was an action of tkespass, tried before Dirac, J., at the last Eall Term of Bertie Superior Court, and the counsel for the parties made, and submitted to the Court, for its judgment, the following: CASE AGREED.
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This was an action of tkespass, tried before Dirac, J., at the last Eall Term of Bertie Superior Court, and the counsel for the parties made, and submitted to the Court, for its judgment, the following: CASE AGREED. “ On the 16th of November, 1851, one Samuel S. Simmons made a contract of purchase of certain growing cypress trees from the plaintiff, and took from him a paper-writing, of which the following is an exact copy : “ Received of Samuel S. Simmons, his obligation for eight hundred dollars, for the purchase of the cypress timber I own, lying on Cub Cypress Broad Creek,” (describing it…
1Opinion of the CourtPearson, J.
A lease for years is a contract, by ■which one agrees, for a valuable consideration, called rent, to let anotN er have the occupation and profits of land for a definite time. At common law, a lease could be made by parol, for any number of years, but entry was required to execute tbe contract and vest an estate as a term for years.
Not only tbe land, but any part thereof, tbe herbage, trees, minerals, i. e., coal, copper, &c., could be made tbe subject of a term for years.
Tbe rent or consideration was most usually reserved to be paid annually; in which case, if is was tbe - value, or nearly…
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