Rountree v. . Cohn-Bock Co.
Supreme Court of North Carolina
Appeal from Qline, J., at Fall Term, 1911, of Chowan. Tbis is án action to restrain tbe defendant from entering upon certain land, and cutting timber tbereon. ' Tbe defendant claims under a certain timber deed, executed by tbe plaintiffs on 9 September, 1904, to tbe Gay Lumber Company, wbicb conveyed certain timber on said land, and contained tbe following provisions: “Tbe said parties of tbe second part shall cut and remove tbe timber hereby bargained and sold and conveyed…
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Appeal from Qline, J., at Fall Term, 1911, of Chowan. Tbis is án action to restrain tbe defendant from entering upon certain land, and cutting timber tbereon. ' Tbe defendant claims under a certain timber deed, executed by tbe plaintiffs on 9 September, 1904, to tbe Gay Lumber Company, wbicb conveyed certain timber on said land, and contained tbe following provisions: “Tbe said parties of tbe second part shall cut and remove tbe timber hereby bargained and sold and conveyed within five years from date of contract. And should said second parties be unable to remove said timber within tbe time…
1Opinion of the CourtAlleN, J.
It is well settled that the legal effect of the first clause in the deed to the Gay Lumber Company, conveying the timber with the right to remove the same in five years, is to convey all the timber which the vendee should remove within the prescribed time, and that such as remained thereon after that time would belong to the vendor, or to his grantee of the premises. Hornthal v. Howcott, 154 N. C., 228; Powers v. Lumber Co., 154 N. C., 407.
It was also decided in Bateman v. Lumber Co., 154 N. C., 248, that the correct interpretation of a clause extending the time within which the timber may be…
2Cases cited3 opinions
- Bateman v. Kramer Lumber Co.Supreme Court of North Carolina · 1911
- Hornthal v. . HowcottSupreme Court of North Carolina · 1911
- Powers v. Angola Lumber Co.Supreme Court of North Carolina · 1911
3Cited by9 opinions
- A. C. Tuxbury Lumber Co. v. ByrdSupreme Court of South Carolina · 1925
- Lancaster v. RothCourt of Appeals of Texas · 1913
- Morton v. Pine Lumber Co.Supreme Court of North Carolina · 1919
- Hartley v. NeavesSupreme Court of Virginia · 1915
- Merchants Oil Co. v. Mecklenburg CountySupreme Court of North Carolina · 1937
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