NC General Statutes

N.C. Gen. Stat. § 1-488 (2026)

When timber may be cut

✓ current as of July 2026
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In any action specified in G.S. 1-487, when the judge finds as a fact that the contention of either party is not in good faith and is not based upon evidence constituting a prima facie title, upon motion of the other party, who may satisfy the court of the bona fides of his contention and who may produce evidence showing a prima facie title, the court may allow such party to cut the timber trees by giving bond as required by law. Nothing in this section affects the right of appeal, and when any party to such action has been enjoined, a sufficient bond must be required to cover all damages that may accrue to the party enjoined by reason of the injunction as now required by law. (1901, c. 666, ss. 2, 3; Rev., s. 809; C.S., s. 846.)

 

§§ 1-489 through 1-492.  Repealed by Session Laws 1967, c. 954, s. 4.

 

Notes of Decisions
Cited in 1 case, 1947–1947 · leading case: Chandler v. . Cameron, 41 S.E.2d 753 (N.C. 1947).
Chandler v. . Cameron, 41 S.E.2d 753 (N.C. 1947). “Section 2 thereof, now G. S., 1-488, vests tbe judge with discretionary power to permit tbe party who convinces tbe court of tbe bona fides of bis contention and offers evidence “showing a prima facie title” to cut the timber in controversy pending tbe action upon tbe giving of…”
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