Superior Court of North Carolina, 1806

Sheppard v. . Sheppard

Sheppard v. . Sheppard
Superior Court of North Carolina · Decided July 5, 1806 · HALL, J. (after taking till the last day of the term to consider of the authorities):
3 N.C. 382
Sheppard v. . Sheppard

Opinion of the Court

The authorities cited are strong to the point for which they were cited, nor do I conceive them unreasonable. Where waste of insignificant value is done scatteredly through a whole tract, the tenant must lost the place wasted; and this is too heavy a penalty where the damage is to the amount only of a small sum. That ought only to be considered waste which is substantially an injury to the inheritance.

Judgment arrested.

Cited: Shine v. Wilcox, 21 N.C. 632; King v. Miller, 99 N.C. 595;Sherrill v. Connor, 107 N.C. 633; Thomas v. Thomas, 166 N.C. 629.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.