STRICKLAND v. JACKSON

No. 94.

134 S.E.2d 661 (1964)

261 N.C. 360

Hannah Vester STRICKLAND and husband, Bobby Strickland, John Milton Vester and wife, Madeline Vester, and Frank Lane Vester, v. H. P. JACKSON and wife, Annie S. Jackson.

Supreme Court of North Carolina.

February 26, 1964.


Attorney(s) appearing for the Case

Sam B. Underwood, Jr., Greenville, for plaintiff appellants.

James & Hite, Greenville, for defendant appellees.


PER CURIAM.

In 56 Am.Jur., Waste, section 13, page 459, it is said: "It is well settled that one entitled to a contingent remainder cannot maintain an action at law against the tenant in possession to recover damages for waste, for the reason that it cannot be known in advance of the happening of the contingency whether the contingent remainderman would suffer damage or loss by the waste; and if the estate never became vested in him, he would be paid for that which...

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