Greenleaf Johnson Lumber Co. v. Valentine
Supreme Court of North Carolina
Civil actioN, tried before Guión, J., and a jury, at November Term, 1919, of FuaNKLIN. Tbe action purports to be one to establish a right in plaintiff company to cut the timber on a certain tract of land in said county belonging to an infant devisee, Arthur Jordan Griffin, and instituted against defendant, J. W. Yalentine, as guardian of said minor, and the two other defendants who had purchased a portion of the land.
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Civil actioN, tried before Guión, J., and a jury, at November Term, 1919, of FuaNKLIN. Tbe action purports to be one to establish a right in plaintiff company to cut the timber on a certain tract of land in said county belonging to an infant devisee, Arthur Jordan Griffin, and instituted against defendant, J. W. Yalentine, as guardian of said minor, and the two other defendants who had purchased a portion of the land. Erom the admission in the pleadings and the facts in evidence, it appeared that on 1 December, 1905, Martha Yarboro, the owner of the land, sold and conveyed to plaintiff the…
1Opinion of the CourtHoke, J.
On careful consideration we think the record presents only a “moot question,” and under our decisions the court should express no opinion concerning it. Parker v. Bank, 152 N. C., 253; Blake v. Askew, 76 N. C., 327. Tbe cases on the subject bold tbat in order to secure the right of extension under one of these timber deeds as ordinarily drawn and unless otherwise expressed in the instrument the amount stipulated for must be paid or tendered to him who owns the title, when the payment is due. And where the owner has died within the time, the title passing by bis will or descent the payment…
2Cases cited9 opinions
- Bateman v. Kramer Lumber Co.Supreme Court of North Carolina · 1911
- Hornthal v. . HowcottSupreme Court of North Carolina · 1911
- Moye v. . PetwaySupreme Court of North Carolina · 1877
- Parker v. Raleigh Savings BankSupreme Court of North Carolina · 1910
- Morton v. Pine Lumber Co.Supreme Court of North Carolina · 1919
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3Cited by1 opinion
- Morton v. . Lumber Co.Supreme Court of North Carolina · 1919