United Timber Corp. v. Bivens
Court of Appeals for the Fourth Circuit
In Error to and Appeal from the District Court of the United States for the Eastern District of South Carolina, at Charleston; Henry G. Connor, Judge. Action at law by Joseph Bivens, Sr., against the United Timber Corporation. Judgment for plaintiff, and defendant brings error. Reversed. Suit in equity by the United Timber Corporation against Joseph Bivens, Sr. Decree for complainant, and defendant appeals.
1Opinion of the Court
KNAPP, Circuit Judge.
Although one of these cases is an action at law and the other a suit in equity, they both involve 'substantially the same facts and may be disposed of in one opinion.. Joseph Bivens, Sr., plaintiff below in the law,action and defendant in the equity suit, is the owner of a number of tracts of land in Dorchester county, S. C., subject to certain timber rights which were granted before he acquired the title. These grants were all made, or *309may be treated as made, on the 14th of April, 1902, and all of them contain this provision:
“That the said second party, his heirs or…
2Cases cited2 opinions
- Crown Orchard Co. v. DennisCourt of Appeals for the Fourth Circuit · 1915
- United Timber Co. v. BivensDistrict Court, E.D. South Carolina · 1918