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HARDISON v. LILLEY

No. 90.

78 S.E.2d 111 (1953)

238 N.C. 309

HARDISON v. LILLEY et al.

Supreme Court of North Carolina.

October 14, 1953.

Attorney(s) appearing for the Case

Peel & Peel, Williamston, for plaintiff, appellee.

Clarence W. Griffin, Williamston, for defendants, appellants.

DEVIN, Chief Justice.

In 1917 Kader Lilley and his wife, for a valuable consideration, conveyed to Levi Hardison by deed in fee simple with warranty a tract of land containing 65 acres, situate in Martin County, and described by metes and bounds. Incorporated in the deed immediately following the description of the land appears the following clause:

"Reserving and excepting from the operation of this deed all the pine, cypress and poplar timber of the size...

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