Kinston Manufacturing Co. v. Thomas
Supreme Court of North Carolina
Appeal by defendants from restraining order rendered by Whedbee, J., at chambers, in DupliN, 3 February, 1914. This is an action to enjoin defendant from further cutting and removing timber trees which were under the size conveyed, and which, though not over the size at the time of cutting, would become, of size during the term given.
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Appeal by defendants from restraining order rendered by Whedbee, J., at chambers, in DupliN, 3 February, 1914. This is an action to enjoin defendant from further cutting and removing timber trees which were under the size conveyed, and which, though not over the size at the time of cutting, would become, of size during the term given. There are two timber deeds involved under which plaintiff holds, one executed by defendant to Ellington & Guy Timber Company and another executed by William Mercer to Enterprise Lumber Company, the land in which, subject to the timber deed, having been conveyed…
1Opinion of the CourtAlleit, J.
The learned counsel for defendant contend that no interest which a court of equity will protect by injunction vested in the plaintiff to the timber under 10 inches, but which might attain ‘that growth within the time limited for cutting.
The question is foreclosed by the decision in Veneer Co. v. Ange, 165 N. C., 54, in which Associate Justice Walker, speaking for the Court, says in reference to deeds like those before us: “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…
2Cases cited2 opinions
- Warren v. . ShortSupreme Court of North Carolina · 1896
- Wiltz Veneer Co. v. AngeSupreme Court of North Carolina · 1914
3Cited by1 opinion
- Hardison v. LilleySupreme Court of North Carolina · 1953