Hawkins v. Lumber Co.
Supreme Court of North Carolina
ActioN by Tolm L. Hawkins against Goldsboro Lumber Co., pending in the Superior Court of Jones County, heard by Judge Jas. L. Webb, at Chambers, at New Bern, on April 14, 1905, upon motion of the plaintiff to continue to the hearing a restraining order theretofore issued. From a judgment continuing the restraining order to the hearing, the defendant appealed. Civil action to enjoin defendant from cutting timber on land claimed by plaintiff.
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ActioN by Tolm L. Hawkins against Goldsboro Lumber Co., pending in the Superior Court of Jones County, heard by Judge Jas. L. Webb, at Chambers, at New Bern, on April 14, 1905, upon motion of the plaintiff to continue to the hearing a restraining order theretofore issued. From a judgment continuing the restraining order to the hearing, the defendant appealed. Civil action to enjoin defendant from cutting timber on land claimed by plaintiff. The defendant seeks to justify under a deed from plaintiff J. L. Hawkins to J. W. Smith and John P. Moore, dated February 25, 1893, and, second, a deed…
1Opinion of the Court
Hoke, J.,
after stating the case: The rights of the parties to this controversy were made to depend on the true construction of the deed from plaintiff to Smith and Moore, dated February 25, 1893, and the fact that no cutting was Commenced until March 29, 1905. The effective words of the instrument as to the interest conveyed are as follows: “Do give, grant, bargain, sell and convey unto the said parties of the second part, their heirs, executors, administrators and assigns, all the timber of every kind and description, of and above the size of 12 inches in diameter at the base, two’ feet…
2Cases cited10 opinions
- Bunch v. Elizabeth City Lumber Co.Supreme Court of North Carolina · 1903
- White v. FosterMassachusetts Supreme Judicial Court · 1869
- Strasson v. MontgomeryWisconsin Supreme Court · 1873
- Mizell v. . BurnettSupreme Court of North Carolina · 1857
- Williams v. FloodMichigan Supreme Court · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Bateman v. Kramer Lumber Co.Supreme Court of North Carolina · 1911
- Carolina Helicopter Corp. v. Cutter Realty Co.Supreme Court of North Carolina · 1964
- Lumber Co. v. Corey.Supreme Court of North Carolina · 1906
- Hornthal v. . HowcottSupreme Court of North Carolina · 1911
- Fordham v. EasonSupreme Court of North Carolina · 1999
37 more not listed; retrieve them via the Exa API.