O'Neill v. Cooper River Corp.
Supreme Court of South Carolina
Before Memminger, J., Berkeley, Summer term, 1917. Action by F. Q. O’Neill against the Cooper River Corporation, the Midland Timber Company and others. From a judgment for plaintiff, the defendants named appeal.
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Before Memminger, J., Berkeley, Summer term, 1917. Action by F. Q. O’Neill against the Cooper River Corporation, the Midland Timber Company and others. From a judgment for plaintiff, the defendants named appeal. The exceptions were as follows: 1. That the Court erred in not holding that the respondent, F. Q. O’Neill, was bound by the provisions of the original timber deed from Lucas to Farr. 2. That the Court erred in not holding that the respondent, F. Q. O’Neill, by accepting and retaining the extension money paid by the appellant, Midland Timber Company, and the appellant, Cooper River…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. ChiEE Justice Gary.
This is an action for the foreclosure of two mortgages. The facts are thus stated in the record:
“On the 27th day of February, 1903, George Buist Rucas made a deed to Freeman S. Farr, whereby for $800 he conveyed certain timber, which is the subject of this suit, on a tract of land known as ‘Benevento’ plantation; the deed providing that the said Farr, or his assigns, should have the period of ten years, beginning from the date of the deed, in which to cut and remove the said timber, and in the event it was not cut and removed…
2Cases cited3 opinions
- Interstate B. & L. Ass'n v. McCarthaSupreme Court of South Carolina · 1895
- Bamberg v. HarrisonSupreme Court of South Carolina · 1911
- Burriss v. OwenSupreme Court of South Carolina · 1907