In all actions to try title to timberlands, and for trespass thereon for cutting timber trees, when the court finds as a fact that there is a bona fide contention on both sides based upon evidence constituting a prima facie title, no order shall be made pending such action, permitting either party to cut said timber trees, except by consent, until the title to said land or timber trees is finally determined in the action. In all cases where the title to any timber or trees, or the right to cut and remove the same during a term of years, is claimed by any party to such action, and the fee of the soil or other estate in the land by another, whether party to the action or not, the time within which such timber or trees may be cut or removed by the party claiming the same, and all other rights acquired in connection therewith, shall not be affected or abridged, but the running of the term is suspended during the pendency of the action.
N.C. Gen. Stat. § 1-487
Timberlands, trial of title to
Applied in 1 court decision — leading case 131 N.C. App. 226 - Fordham v. Eason (1998)
Most recently applied in 131 N.C. App. 226 - Fordham v. Eason (October 1998)
1901, c. 666, s. 1; 1903, c. 642; Rev., s. 808; C.S., s. 845.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.