Attorney(s) appearing for the Case
Womble, Carlyle, Sandridge & Rice, Winston-Salem, H. L. Riddle, Jr., Sam J. Ervin, III, Livingston Vernon, and John H. McMurray, Morganton, for plaintiff appellee.
Patrick, Harper & Dixon, Hickory, for defendant appellants Hutton & Bourbonnais Company, Inc., G. Norman Hutton and wife, Opal B. Hutton, and Ralph W. Hutton and wife, Charlotte W. Hutton.
Marshall V. Yount, Hickory, for defendant appellants Mrs. Doris Councill, A. B. Hutton, Jr. and wife, Marie Hutton.
Supreme Court of North Carolina.
The first question presented by the assignments of error is: What estate did plaintiff acquire by the condemnation proceeding? Was it, as plaintiff contends, an unqualified estate in fee simple, or was it as defendants contend, an easement leaving the fee in defendants in the condemnation proceeding with the right to harvest the timber grown thereon?
The answer is to be found by determining the extent of the power which plaintiff had to take...
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