Whitted v. . Smith
Supreme Court of North Carolina
ActioN on the case in the nature of waste, tried before his Honor Judge Masi/t, at the Pali Term, 1854, of Bladen Superior Court. The plaintiffs (husband and wife) claimed damages for certain timber trees cut upon the land in question, which had descended to the feme plaintiff from Thomas Ered. Smith. The plaintiffs produced in evidence a deed from defendant, Thos. 0. Smith and another, for the land in' question, (640 acres) on North-"West River, to Thomas Fred.
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ActioN on the case in the nature of waste, tried before his Honor Judge Masi/t, at the Pali Term, 1854, of Bladen Superior Court. The plaintiffs (husband and wife) claimed damages for certain timber trees cut upon the land in question, which had descended to the feme plaintiff from Thomas Ered. Smith. The plaintiffs produced in evidence a deed from defendant, Thos. 0. Smith and another, for the land in' question, (640 acres) on North-"West River, to Thomas Fred. Smith, his heirs, &c., dated 14th day of May, 1827, reciting a consideration of $2,000, “ to have and to hold all and singular the…
1Opinion of the CourtPearson, J.
The exception embraces all the pine trees growing on the land large enough to square one foot at -the date of the deed, but we see nothing by which its meaning can be extended -so as to'take in all pine trees that should at any time thereafter grow to be large enough to square one foot: such a construction is unreasonable : In the forcible language of Judge Daniel, in Robinson v. Gee, 4 Ire. 186, “it eould never have been intended by Reid, (the vendor,) when lie made the reservation, that the tract of land should be a perpetual plantation for the raising of pine timber for his benefit.”
Such a…
2Cited by12 opinions
- Hardison v. Lumber Co.Supreme Court of North Carolina · 1904
- Midyette v. GrubbsSupreme Court of North Carolina · 1907
- Robertson v. H. Weston Lumber Co.Mississippi Supreme Court · 1920
- Sun Lumber Co. v. Nelson Fuel Co.West Virginia Supreme Court · 1921
- Central Bank & Trust Co. v. WyattSupreme Court of North Carolina · 1925
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