Legal Opinion

United Timber Corp. v. Bivens

District Court, E.D. South Carolina

Decided February 20, 1918No. 189PublishedCited by 2 opinions

In Equity. Bill by the United Timber Corporation against Joseph Bivens, Sr. On rale to show cause why a restraining order or preliminary injunction should not issue until hearing. Injunction denied in regard to pending action at law, but defendant enjoined until hearing from bringing other actions, or from interfering with complainant’s alleged right to enter upon the lands for the purpose of enjoying easements granted by deeds set forth in the bill.

1Opinion of the Court

CONNOR, District Judge.

Plaintiff alleges: That defendant is the owner of several tracts of land, some of which are contiguous, situate in Dorchester and Colleton counties, South Carolina, aggre*556gating several thousand acres. That by virtue of the deeds, attached to the bill, plaintiff corporation is the owner of the standing and growing timber on said tracts of land, with rights of way and other easements on and over said lands. That “in the several deeds, under which plaintiff deraigns its title to the timber, are grants of a license to enter upon said lands at any time, during the period of…

2Cases cited14 opinions

  1. Insurance Co. v. BaileySupreme Court of the United States · 1871
  2. Guffey v. SmithSupreme Court of the United States · 1915
  3. Scottish Union & National Insurance v. BowlandSupreme Court of the United States · 1905
  4. Grand Chute v. WinegarSupreme Court of the United States · 1873
  5. Grand Chute v. WinegarSupreme Court of the United States · 1873

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3Cited by2 opinions

  1. Uproar Co. v. National Broadcasting Co.District Court, D. Massachusetts · 1934
  2. Temple Trust Co. v. PowersCourt of Appeals of Texas · 1932

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