Temple v. Carter
Court of Appeals of North Carolina
1Opinion of the CourtCampbell, J.
We are confronted at the outset with the respective rights of a life tenant and the remaindermen to standing timber growing on land.
“. . . (T)he general rule is that standing timber growing on land is considered a part of the inheritance, and that a tenant is never allowed to cut and sell timber merely for his own profit, but there is clear intimation that the tenant for life is not liable for waste in the cutting and sale of timber if done with a present view of making needed repairs, and the proceeds are honestly expended for that purpose and no substantial injury to the inheritance has…
2Cases cited7 opinions
- General Tire and Rubber Co. v. Distributors, Inc.Supreme Court of North Carolina · 1960
- Poole v. Union Trust Co.Michigan Supreme Court · 1916
- Lee & Bradshaw v. RogersSupreme Court of Georgia · 1921
- First Nat. Bank of Mobile v. WefelSupreme Court of Alabama · 1949
- Fleming v. . SextonSupreme Court of North Carolina · 1916
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