Council v. . Sanderlin
Supreme Court of North Carolina
Appeal by defendants from Cowivor, J., at January Term, 1922, of RladeN. Tbe plaintiffs conveyed to the Southern Chemical Company, 10 July, 1902, a tract of 1,319 acres on Lake "Waccamaw, in Bladen County, in fee simple, with the following reservation: “But the said J. P. Council and J.- A. Council reserve for themselves, their heirs and assigns, the right to hunt on any of the above described lands as may remain uncleared and uncultivated, and the .power to protect the game…
Read the full summary
Appeal by defendants from Cowivor, J., at January Term, 1922, of RladeN. Tbe plaintiffs conveyed to the Southern Chemical Company, 10 July, 1902, a tract of 1,319 acres on Lake "Waccamaw, in Bladen County, in fee simple, with the following reservation: “But the said J. P. Council and J.- A. Council reserve for themselves, their heirs and assigns, the right to hunt on any of the above described lands as may remain uncleared and uncultivated, and the .power to protect the game on said land against the trespass of all persons except the Southern Chemical Company, their executors,…
1Opinion of the CourtClark, C. J.
Tbe plaintiffs conveyed tbe land in fee simple in 1902, reserving tbe bunting privileges thereon, and tbe court finds, in this proceeding, as a fact that tbe plaintiffs bave never abandoned tbeir ■rights under said reservation, but bave continuously exercised same since tbe execution of tbe deed of 10 July, 1902, and tbe court held as a matter of law that the plaintiffs “have tbe exclusive right to enter upon the uncleared and uncultivated portions of the lands in question, in person, and with invited guests, and have the power to protect the game thereon, except such injury thereto as may be…
2Cases cited9 opinions
- Handly's Lessee v. AnthonySupreme Court of the United States · 1820
- Bingham v. SaleneOregon Supreme Court · 1887
- State v. . GlenSupreme Court of North Carolina · 1859
- Beckman v. KreamerIllinois Supreme Court · 1867
- State v. . GallopSupreme Court of North Carolina · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Davis v. RobinsonSupreme Court of North Carolina · 1925
- Davis v. . RobinsonSupreme Court of North Carolina · 1925
- City of Missoula v. MixMontana Supreme Court · 1950
- Builders Supplies Co. of Goldsboro, NC, Inc. v. GaineySupreme Court of North Carolina · 1972
- Red Canyon Sheep Co. v. IckesCourt of Appeals for the D.C. Circuit · 1938
33 more not listed; retrieve them via the Exa API.