Wiltz Veneer Co. v. Ange
Supreme Court of North Carolina
Appeal by defendant from order made by Qormor, J., at chambers, 16 September, 1913; from WASHINGTON. This action' was brought by the plaintiff for the recovery of damages and to enjoin the defendants from cutting on and removing from two certain tracts of land the timber -and undergrowth standing thereon.
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Appeal by defendant from order made by Qormor, J., at chambers, 16 September, 1913; from WASHINGTON. This action' was brought by the plaintiff for the recovery of damages and to enjoin the defendants from cutting on and removing from two certain tracts of land the timber -and undergrowth standing thereon. The defendants, by deeds dated respectively 29 November, 1909, and 14 January, 1913, conveyed to the plaintiff the timber and undergrowth on the tracts of land described in the said deeds, with the right to cut and remove the timber, and to cut and use the undergrowth for the purposes…
1Opinion of the Court
Walker, J,,
after stating the ease: We do not see why the judgment of the court below was not correct. The contract of the parties, as it appears in the deeds, is not very clearly expressed, but sufficiently so to make its construction a question for the court. The defendants conveyed to the plaintiff, not only the trees which, at the date of the deeds, had reached a certain diametric size, but also those which could, at any time during the fixed period, grow to that size. Discarding irrelevant words, the language is, “all that growth which is now (of the prescribed diameter) or which, at any…
2Cases cited5 opinions
- Lumber Co. v. Corey.Supreme Court of North Carolina · 1906
- Hardison v. Lumber Co.Supreme Court of North Carolina · 1904
- Warren v. . ShortSupreme Court of North Carolina · 1896
- Whitted v. . SmithSupreme Court of North Carolina · 1854
- Kelly v. Enterprise Lumber Co.Supreme Court of North Carolina · 1911
3Cited by5 opinions
- Hardison v. LilleySupreme Court of North Carolina · 1953
- Boddie v. . BondSupreme Court of North Carolina · 1911
- Kinston Manufacturing Co. v. ThomasSupreme Court of North Carolina · 1914
- Robinson v. . GeeSupreme Court of North Carolina · 1843
- Whitfield v. Rowland Lumber Co.Supreme Court of North Carolina · 1910