Lowery v. Goldsboro Lumber Co.

Supreme Court of North Carolina

Lowery v. Goldsboro Lumber Co.

148 S.E. 926, 197 N.C. 299, 1929 N.C. LEXIS 217

DecidedMay 29, 1929

StatusPublished

This text of 148 S.E. 926 (Lowery v. Goldsboro Lumber Co.) 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

Lowery v. Goldsboro Lumber Co., 148 S.E. 926, 197 N.C. 299, 1929 N.C. LEXIS 217 (N.C. 1929).

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Opinion

Per Curiam.

Upon consideration of. plaintiffs’ assignments of error based on their exception to the judgment of the Superior Court, we conclude that same cannot be sustained. .

The judgment is supported by the provisions of-the deed from plaintiffs to defendant, dated 1 March, 1911.

*300 After cutting and removing tbe timber from tbe land described in tbe deed, witbin tbe time stipulated therein, defendant took up and removed from tbe right of way which it located on said land, tbe tramroad which it bad constructed for removing said timber. Under tbe judgment it has tbe right to reenter upon said right of way and to reconstruct thereon a tramroad to be used by it to remove timber from tbe lands of other persons who have conveyed same to defendant. This is in accord-' anee with tbe provisions of plaintiffs’ deed to defendant. Tbe judgment is

Affirmed.

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Per Curiam.

Upon consideration of. plaintiffs’ assignments of error based on their exception to the judgment of the Superior Court, we conclude that same cannot be sustained. .

The judgment is supported by the provisions of-the deed from plaintiffs to defendant, dated 1 March, 1911.

*300 After cutting and removing tbe timber from tbe land described in tbe deed, witbin tbe time stipulated therein, defendant took up and removed from tbe right of way which it located on said land, tbe tramroad which it bad constructed for removing said timber. Under tbe judgment it has tbe right to reenter upon said right of way and to reconstruct thereon a tramroad to be used by it to remove timber from tbe lands of other persons who have conveyed same to defendant. This is in accord-' anee with tbe provisions of plaintiffs’ deed to defendant. Tbe judgment is

Affirmed.

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Bluebook (online)

148 S.E. 926, 197 N.C. 299, 1929 N.C. LEXIS 217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lowery-v-goldsboro-lumber-co-nc-1929.