Thomas v. . Thomas
Supreme Court of North Carolina
Appeal by plaintiff from Peebles, J., at March Term, 1914, of Lee. Civil action to recover damages for waste. Plaintiffs, children of John P. Thomas, deceased, by a former wife, and owners of a vested estate in remainder under their father’s will, sued the defendant, the widow of said Thomas, who occupies and possesses the land as life tenant under said will, claiming that the life tenant has committed waste upon the land.
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Appeal by plaintiff from Peebles, J., at March Term, 1914, of Lee. Civil action to recover damages for waste. Plaintiffs, children of John P. Thomas, deceased, by a former wife, and owners of a vested estate in remainder under their father’s will, sued the defendant, the widow of said Thomas, who occupies and possesses the land as life tenant under said will, claiming that the life tenant has committed waste upon the land. The evidence on part of plaintiff tended to show that since defendant had entered on the property as life tenant under the will, she had sold a lot of timber for…
1Opinion of the Court
Hoke, J..In Norris v. Laws, 150 N. C., 604, the definition of waste as recognized at common law is given as follows: » “A spoil or destruction, done or permitted with respect to lands, houses, gardens, trees, or other corporeal hereditaments by the tenant thereof, to the prejudice of him in reversion or remainder, or, in other words, to the lasting injury of the inheritance.” Definitions substantially similar are approved in Sherrill v. Connor, 107 N. C., 630, and King v. Miller, 99 N. C., 584, where waste is said to be a “spoiling or destroying of the estate in respect to buildings, wood, or…
2Cases cited6 opinions
- Sherrill v. . ConnorSupreme Court of North Carolina · 1890
- Dorsey v. . MooreSupreme Court of North Carolina · 1888
- Loomis v. WilburU.S. Circuit Court for the District of Rhode Island · 1827
- Shine v. . WilcoxSupreme Court of North Carolina · 1837
- Anderson v. CowanSupreme Court of Iowa · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re the Foreclosure of the Deed of Trust or Mortgage of Castillian Apartments, Inc.Supreme Court of North Carolina · 1972
- Wingard v. LeeCourt of Appeals of South Carolina · 1985
- Piland v. PilandCourt of Appeals of North Carolina · 1975
- Johnson v. LucasCourt of Appeals of North Carolina · 2005
- Johnson v. LucasCourt of Appeals of North Carolina · 2005
1 more not listed; retrieve them via the Exa API.