Parkins v. Coxe.

Superior Court of North Carolina

Parkins v. Coxe.

3 N.C. 339

DecidedJuly 5, 1805

StatusPublished

This text of 3 N.C. 339 (Parkins v. Coxe.) is published on Counsel Stack Legal Research, covering Superior 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

Parkins v. Coxe., 3 N.C. 339 (N.C. Ct. App. 1805).

Pincite

Opinion

KpAYLOR, Judge.

It is not waste to clear tillable laud:

- for the necessary support of his family, though the timber be destroyed in clearing; nor is it waste to cut down timber, for making or repairing fences, necessary buddings, or, plantation utensils : but it is, waste; to cut down timber for sale ; so it is waste to collect together the lightwood,and extract tar from it — = for that is a permanet injury, as it takes several years tq produce as much lightwood. If the tenant is to have liberty of burning lightwood for tar, or falling the timber for sale, it should be conceded to him in the lease.

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KpAYLOR, Judge.

It is not waste to clear tillable laud:

- for the necessary support of his family, though the timber be destroyed in clearing; nor is it waste to cut down timber, for making or repairing fences, necessary buddings, or, plantation utensils : but it is, waste; to cut down timber for sale ; so it is waste to collect together the lightwood,and extract tar from it — = for that is a permanet injury, as it takes several years tq produce as much lightwood. If the tenant is to have liberty of burning lightwood for tar, or falling the timber for sale, it should be conceded to him in the lease.

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Bluebook (online)

3 N.C. 339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parkins-v-coxe-ncsuperct-1805.