Legal Opinion

McClary v. Atlantic Coast Lumber Corp.

Supreme Court of South Carolina

Decided December 7, 1911No. 8052PublishedCited by 8 opinions

Before. DjíVorE, J., Williamsburg, February, 1911. Action by Samuel M. McClary against Atlantic Coast Lumber Corporation and Industrial Trust Company. Plaintiff appeals.

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Before. DjíVorE, J., Williamsburg, February, 1911. Action by Samuel M. McClary against Atlantic Coast Lumber Corporation and Industrial Trust Company. Plaintiff appeals. Mr. Hazard cites: This action is essentially for injunction: 84 S. C. 51; 75 S. C. 220; 27 W. Va. 510; 54 S. C. 457; 51 S. C. 433; 62 S. C. 196; 60 S. C. 559; 69 S. C. 52. Temporary injunction should not have been dissolved: 2 Spelling, secs. 1057, 1067, 1019; 30 N. J. Eq. 579; 76 N. C. 407; 77 S. C. 81; 54 S. C. 435; 60 S.-C. 559. Construction of the deed: 13 Cyc. 618* 619, 621; 2 Ency. 139; 2 Black Com. 381, note 15; 23 S.…

1Opinion of the Court

The opinion in this case was filed on October 2, 1911, and held up on petition for rehearing until

The opinion of the Court was delivered by

Hon. E. Marion Rucker,

acting Associate Justice in place of Mr. Justice.Woods, disqualified.

This is an action against the defendant above named, commenced by service respectively on February 7, 1911, and February 17, 1911, upon the defendants. The object of the complaint was to have declared null and void a certain lumber deed, which in terms was as follows:

“State of South Carolina,: County of Williamsburg.
“This deed and contract, made by and between S. M.…

2Cases cited2 opinions

  1. Alderman & Sons Co. v. WilsonSupreme Court of South Carolina · 1904
  2. Flagler v. Atlantic Coast Lumber Corp.Supreme Court of South Carolina · 1911

3Cited by8 opinions

  1. Minshew v. Atlantic Coast Lumber Corp.Supreme Court of South Carolina · 1914
  2. McFadden v. Allen-Nelson Mill Co.Washington Supreme Court · 1928
  3. Twin City Power Co. v. Savannah River Electric Co.Supreme Court of South Carolina · 1930
  4. Atlantic Coast Lumber Corp. v. LitchfieldSupreme Court of South Carolina · 1912
  5. Midland Timber Co. v. J. F. Prettyman & SonsSupreme Court of South Carolina · 1914

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