Supreme Court of North Carolina January 14, 1960, 305 (Town of Morganton v. Hutton & Bourbonnais Co.)

RodmaN, J.

The first question presented by the assignments of error is: What estate did plaintiff acquire by the condemnation proceeding? Was it, as plaintiff contends, .an unqualified estate in fee simple, or was it, as defendants contend, an easement leaving the fee in defendants in the condemnation proceeding with the right to harvest the timber grown thereon?