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BALTZLEY v. WISEMAN

No. 7524SC535.

222 S.E.2d 733 (1976)

28 N.C. App. 678

W. D. BALTZLEY and North-State Gem Mining, Inc. v. C. Ray WISEMAN.

Court of Appeals of North Carolina.

March 17, 1976.

Attorney(s) appearing for the Case

Dameron & Burgin by E. P. Dameron, Marion, for plaintiffs-appellants.

Lloyd Hise, Jr., Spruce Pine, Garrett Dixon Bailey, Burnsville, for defendant-appellee.

PARKER, Judge.

The question presented is whether North State Gem Mining, Inc., as the present owner of the mineral rights conveyed by the 1899 severance deed, has the right to conduct on the land or to grant to another the right to conduct thereon a "rockhound" business such as is contemplated by paragraph 5 of the lease from North State to Baltzley. We agree with the trial court that it does not.

When mineral rights...

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