Norfolk Lumber Co. v. Smith
Supreme Court of North Carolina
Civil actioN, beard before Jones, J., at May Term, 1907, of the Superior Court of ITaeNett County. This is an action brought for an injunction against the cutting of timber on the land described in the pleadings, containing 375 acres and known as the “Smith tract.”
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Civil actioN, beard before Jones, J., at May Term, 1907, of the Superior Court of ITaeNett County. This is an action brought for an injunction against the cutting of timber on the land described in the pleadings, containing 375 acres and known as the “Smith tract.” The question in the case for our consideration arises upon the construction of a contract between J. D. Barnes and James E. Ethridge, the plaintiffs having acquired the interest of Ethridge under the said contract by mesne conveyances or assignments, and the defendants having acquired the title and interests of J. D. Barnes by a…
1Opinion of the Court
WalKER,, J.,
after stating the case: It seems to us that the presiding Judge correctly interpreted the agreement between Barges and Ethridge. The parties evidently intended that Ethridge should begin the cutting and removal of the timber within the first four years, and the additional two years was granted, not as an original period for the cutting and removal, but for the purpose of enabling Ethridge to complete the cutting and removal commenced during the four years, provided it should be found that it was not sufficient time for cutting and removing all the timber from tbe land which is…
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
- Lumber Co. v. Corey.Supreme Court of North Carolina · 1906
- Mining Co. v. . Cotton MillsSupreme Court of North Carolina · 1906
- Lumber Co. v. Cedar Co.Supreme Court of North Carolina · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Midland Timber Co. v. J. F. Prettyman & SonsSupreme Court of South Carolina · 1914
- Norfolk Lumber Co. v. SmithSupreme Court of North Carolina · 1909
- Lumber Company v. . Cedar CompanySupreme Court of North Carolina · 1906
- Norfolk Lumber Co. v. SmithSupreme Court of North Carolina · 1909
- Woody v. . Timber Co.Supreme Court of North Carolina · 1906