Beaufort County Lumber Co. v. Johnson
Supreme Court of South Carolina
Before Mauldin, J., Dillon, Action by the Beaufort. County Lumber Company against Ivey Johnson and D. S. Hyatt. From a decree for plaintiff, defendants appeal.
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Before Mauldin, J., Dillon, Action by the Beaufort. County Lumber Company against Ivey Johnson and D. S. Hyatt. From a decree for plaintiff, defendants appeal. The decree of the trial Court is as follows : The above entitled suit was heard by me at the October, 1915, term of Court of Common Pleas for Dillon county, which suit was begun on or about the-day of April, 1915, for the purpose of having the defendants permanently enjoined from interfering with plaintiff’s right in certain timber conveyed by Joseph J. Bethea to Powell & Thomas on February 19, 1903, and by Powell & Thomas conveyed to…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This is an action to enjoin the defendants from cutting and removing certain timber under the contract described in the pleadings. The facts are fully stated in the decree of his Honor, the presiding Judge, which will be reported.
The questions involved arise principally out of the following provision of the contract:
“The said party of the first part, for himself and his heirs, executors, administrators, and assigns, further covenants to and with the said parties of the second part, their heirs, executors, administrators, and…
2Cases cited3 opinions
- Minshew v. Atlantic Coast Lumber Corp.Supreme Court of South Carolina · 1914
- Gray v. Marion County Lumber Co.Supreme Court of South Carolina · 1915
- Midland Timber Co. v. J. F. Prettyman & SonsSupreme Court of South Carolina · 1914
3Cited by6 opinions
- A. C. Tuxbury Lumber Co. v. ByrdSupreme Court of South Carolina · 1925
- Bethea v. Beaufort County Lumber Co.Supreme Court of South Carolina · 1918
- Montague Corporation v. Burton Lumber Co.Supreme Court of South Carolina · 1926
- United Timber Co. v. BivensDistrict Court, E.D. South Carolina · 1918
- Montague Corporation v. Burton Lumber Co.Supreme Court of South Carolina · 1926
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