Lowery v. Goldsboro Lumber Co., 197 N.C. 299 (1929)

May 29, 1929 · Supreme Court of North Carolina

197 N.C. 299

J. R. LOWERY and Wife, S. C. LOWERY, v. GOLDSBORO LUMBER COMPANY.

(Filed 29 May, 1929.)

Deeds and Conveyances F a — Party may recenter lands oí grantor in timber deed to remove timber on other lands when right is given by deed.

Under a deed conveying such right the grantee of standing timber may reenter and construct and operate a tramway on the land of the grantor for the purpose of removing timber he had acquired from owners of other lands. • ■

Appeal by plaintiffs from Baniels, J., at April Term, 1929, of JoNes.

Affirmed.

Controversy without action (O. S., 626), to determine the right of defendant to reenter upon a right of way over and across the. land of plaintiff in Jones County, N. 0., and to construct thereon a tramroad for the purpose of removing timber owned by defendant from lands other than the land of plaintiffs.

Upon consideration of the facts agreed and of the provisions of-, the deed from plaintiffs to defendant, it was ordered and adjudged that the defendant has the right to -reenter upon, said right 'of way and. to Construct thereon and use a tramroad for the purpose of removing timber from the lands of any and all persons.

From this judgment plaintiffs appealed to the Supreme Court.

McK. Ccurmichael for plaintiffs.

J. K. Warren and Warren & Warren for defendant.

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.

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.