Grice v. . Wright

Supreme Court of North Carolina

Grice v. . Wright

47 N.C. 184

DecidedJune 5, 1855

StatusPublished

This text of 47 N.C. 184 (Grice v. . Wright) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Grice v. . Wright, 47 N.C. 184 (N.C. 1855).

Pincite

Opinion

Battle, J.

We cannot perceive any reason for dpubting the correctness of the opinion expressed by his Honor in the court below. The exception of the trees fit for tun timber did not embrace all the trees fit for turpentine, and, therefore, was not repugnant to the grant in the lease under which the plaintiff claimed. The cases of Robinson v. Gee, 4 Ire. Rep. 186, and Whitted v. Smith, ante 36, are both cases in which the deeds contained exceptions as much, if not more, liable to objection than this, and yet no doubt was expressed as to their sufficiency, and the only questions raised on them were as to their extent: An exception necessarily excludes from a grant a part of the whole of what would otherwise be contained in it, and that is all the effect it has in this case.

Pee Oujbiam. Judgment affirmed.

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Battle, J.

We cannot perceive any reason for dpubting the correctness of the opinion expressed by his Honor in the court below. The exception of the trees fit for tun timber did not embrace all the trees fit for turpentine, and, therefore, was not repugnant to the grant in the lease under which the plaintiff claimed. The cases of Robinson v. Gee, 4 Ire. Rep. 186, and Whitted v. Smith, ante 36, are both cases in which the deeds contained exceptions as much, if not more, liable to objection than this, and yet no doubt was expressed as to their sufficiency, and the only questions raised on them were as to their extent: An exception necessarily excludes from a grant a part of the whole of what would otherwise be contained in it, and that is all the effect it has in this case.

Pee Oujbiam. Judgment affirmed.

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Bluebook (online)

47 N.C. 184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grice-v-wright-nc-1855.