Berry v. Marion County Lumber Corp.

Mr. Justice Cothran,

(dissenting) : Action to declare a certain timber contract forfeited and for injunction and damages. Decree for the plaintiff; the defendant appeals.

The facts of the case, as to which there is practically no controversy, are as follows:

On the- day of January, 1899, one Elisha Bethea, predecessor in title of the plaintiff, Mrs. Berry, executed and delivered, in consideration of the sum of $350, a formal deed, attested by two witnesses, with renunciation of •dower, by which he conveyed in prcesenti, to Cape Fear Dumber Company, predecessor in title of the defendant, Marion…