Legal Opinion

Carolina Timber Co. v. Wells

Supreme Court of North Carolina

Decided March 29, 1916PublishedCited by 16 opinions

CONTROVERSY submitted without action upon case agreed, and heard in Duplin Superior Court on 26 February, 1916, before Bond, J., holding the courts of the Sixth Judicial District.

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CONTROVERSY submitted without action upon case agreed, and heard in Duplin Superior Court on 26 February, 1916, before Bond, J., holding the courts of the Sixth Judicial District. From the facts agreed upon, it appears that on 25 April, 1906, R. A. Wells, then owning a tract of land, for valuable consideration in hand paid, to wit, $450, conveyed to the Cumberland Lumber Company the timber on said land of specified dimensions, with the right to cut and remove the same at any time within ten years from the date of the conveyance. The instrument contained also the stipulation that the grantee,…

1Opinion of the Court

Hoke, J.,

after stating tbe case: Our decisions bold that standing timber is realty, subject to tbe laws of devolution and transfer applicable to that kind of property, and that timber deeds of this character, as ordinarily drawn, convey an estate of absolute ownership, defeasible as to all timber not cut and removed within tbe specified period. Williams v. Parsons, 167 N. C., 529; Midyette v. Grubbs, 145 N. C., 85; Lumber Co. v. Corey, 140 N. C., 467.

Tbe cases on tbe subject are to tbe effect, further, that a stipulation of tbe kind now presented, providing for an extension of tbe time within…

2Cases cited18 opinions

  1. Waterman v. BanksSupreme Court of the United States · 1892
  2. Bunch v. Elizabeth City Lumber Co.Supreme Court of North Carolina · 1903
  3. Bateman v. Kramer Lumber Co.Supreme Court of North Carolina · 1911
  4. Hawkins v. Lumber Co.Supreme Court of North Carolina · 1905
  5. Lumber Co. v. Corey.Supreme Court of North Carolina · 1906

13 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. First-Citizens Bank & Trust Co. v. FrazelleSupreme Court of North Carolina · 1946
  2. Bishop v. Du BoseSupreme Court of North Carolina · 1960
  3. Hudson v. CozartSupreme Court of North Carolina · 1920
  4. Dill-Cramer-Truitt Corp. v. ReynoldsSupreme Court of North Carolina · 1923
  5. Hudson v. . CozartSupreme Court of North Carolina · 1920

11 more not listed; retrieve them via the Exa API.

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