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HARPER v. MORRIS

No. 874SC769.

365 S.E.2d 176 (1988)

Jerald D. HARPER and wife, Virginia Harper v. Billy MORRIS, T/A Morris Logging Company.

Court of Appeals of North Carolina.

March 1, 1988.

Attorney(s) appearing for the Case

Harrison, Heath and Simpson, P.A. by Fred W. Harrison, Kinston, for plaintiff-appellees.

Ward, Ward, Willey & Ward by Joshua W. Willey, Jr., New Bern, for defendant-appellant.

ORR, Judge.

It is well settled law in our state that when trees are unlawfully cut from the land of another, "claimant is entitled to either the difference in fair market value of the land before and after the cutting or the market value of the timber at the time and place of its severance plus incidental damages caused in removal, whichever he elects." Simpson v. Lee, 26 N.C. App. 712, 712, 715, 217 S...

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