Opinion · Supreme Court of North Carolina

Shine v. . Wilcox

21 N.C. 631

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1837-12-05
Topic
general

Gaston, Judge, after stating the case as above, proceeded as follows: — It is insisted, on the part of the plaintiff, that the clearing of woodland is in itself waste; and that the only exception to this general law is when such clearing is necessary for the useful enjoyment of the land by the tenant for life.. We are of opinion, that this position is laid down too broadly. According to the adjudications in this state, and in most of the states of the union, the cutting down of timber is not waste, unless it does a lasting damage to the inheritance, and deteriorates its value; and not then, if no more was cut down than was necessary for the ordinary enjoyment of the land by the tenant for life. Shepard v. Shepard, 2 Hay. 382; Ballentine v.

Citator

UpLaw has not yet analyzed Shine v. . Wilcox. The absence of a flag is not a finding that it is good law.

Cited by
4 opinions