Legal Opinion

Seacoast Timber Co. v. Thomas

Supreme Court of South Carolina

Decided July 3, 1914No. 8863Published

Before Wieson, J., Monck’s Corner, March, 1913. This was an action brought originally by Theodore G. Barker et al. against Harvey C. Thomas et al., for the recovery of possession of a tract of land in Berkeley county, which suit was commenced in July, 1906. The case -was tried before Judge Memminger and a jury.

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Before Wieson, J., Monck’s Corner, March, 1913. This was an action brought originally by Theodore G. Barker et al. against Harvey C. Thomas et al., for the recovery of possession of a tract of land in Berkeley county, which suit was commenced in July, 1906. The case -was tried before Judge Memminger and a jury. The jury found for the defendant and Judge Memminger of his own motion set aside the verdict on the ground that it was inconsistent with the testimony. .See Barker v. Thomas, 85 S. C. 82, 67 S. E. 1. Since then the Seacoast Timber Co. and Joseph E. Hey-ward were substituted as…

1Opinion of the Court

The opinion of the Court, was delivered by

Mr. Justice Hydricic.

This was an action to recover a tract of timber land. The defendant denied plaintiffs’ title, asserted title in himself, and’ pleaded the statute of limitation.

1 The plaintiffs proved a complete chain of title in themselves, which had its origin in the will of Thomas Broughton, dated in 1808. Their testimony tended to show that their predecessors in title had paid taxes on the land, and had possession more than 40 years before the trial, and that their possession continued to within 10 years before the commencement of the action,…

2Cases cited2 opinions

  1. Smyly v. Colleton Cypress Co.Supreme Court of South Carolina · 1913
  2. Bardin v. Commercial Insurance & TrustSupreme Court of South Carolina · 1909

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