Lumber Co. v. Corey.
Supreme Court of North Carolina
ActioN by Dennis Simmons Lumber Co. against Joseph Corey and wife, heard by Judge C. M. Cooke and a jury, at the December Term, 1905, of the Superior Court of Mabtin.
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ActioN by Dennis Simmons Lumber Co. against Joseph Corey and wife, heard by Judge C. M. Cooke and a jury, at the December Term, 1905, of the Superior Court of Mabtin. The facts, which in nearly all respects are substantially those stated in the brief of the defendants’ counsel where they are well summarized, are as follows: On the 8th of November, 1899, the plaintiff and defendants entered into the following written agreement: “Received this 8th day of November, 1899, of The Dennis Simmons Lumber Co., $90 in part payment for all the pine timber that will measure 12 inches at the stump, 18…
1Opinion of the Court
Walker, J.,
after stating the case: The real, and indeed the vital question in this case is to be found in the ruling of the court that by the contract between the parties, the plaintiff acquired such an estate in the land as entitled it to cut all the pine timber measuring 12 inches and upwards in diameter at the stump, 18 inches above the ground when cut, and in furtherance thereof to enjoy the rights and privileges given by the contract, such as entering upon the land, building tram-ways and using the under growth for the purpose of construction, provided the right to cut and the other…
2Cases cited6 opinions
- Bunch v. Elizabeth City Lumber Co.Supreme Court of North Carolina · 1903
- Hawkins v. Lumber Co.Supreme Court of North Carolina · 1905
- Mizell v. . BurnettSupreme Court of North Carolina · 1857
- Moring v. . WardSupreme Court of North Carolina · 1858
- Dunkart v. . RineheartSupreme Court of North Carolina · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Manpower of Guilford County, Inc. v. HedgecockCourt of Appeals of North Carolina · 1979
- Bateman v. Kramer Lumber Co.Supreme Court of North Carolina · 1911
- Hornthal v. . HowcottSupreme Court of North Carolina · 1911
- Trogden v. . WilliamsSupreme Court of North Carolina · 1907
- Houston Oil Co. of Texas v. BoykinTexas Supreme Court · 1918
36 more not listed; retrieve them via the Exa API.