Berry v. Marion County Lumber Co.
Supreme Court of South Carolina
Before Shipp, J., Dillon, October, 1916. Action by Mary Ellen Berry against the Marion County Lumber Company. Judgment for plaintiff, and defendant appeals. cite: As to limitations in habendum clause of deed: 10 Cyc. 1020; 24 Am.
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Before Shipp, J., Dillon, October, 1916. Action by Mary Ellen Berry against the Marion County Lumber Company. Judgment for plaintiff, and defendant appeals. cite: As to limitations in habendum clause of deed: 10 Cyc. 1020; 24 Am. St. Rep. 19. Option merged in deed of conveyance: 68 S. C. 387; 77 S. C. 187; 26 Fed. 594; 97 S. C. 294; 9 Cyc. 593, 594. Office of habendum clause: 36 S. C. 295; 48 S. C. 341; 51 S. C. 555; 77 S. C. 171; 78 S. C. 187; 84 S. C. 428; 88 S. C. 296; 106 S. C. 304. Timber deeds: 80 S. C. 106. Bffect of master’s deed on judicial sale: Mechem Agency, sec. 1501-; 23 S. C.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
J. E. Lide Berry, as administrator of the estate of Elihu Berry, executed to the Cape Fear Lumber Company, defendant’s grantor, five options covering the timber on several tracts of land; the timber on the land described in the complaint being covered by one of them. These lands were owned by the children and grandchildren of Elihu Berry, some of whom were infants. The options provided for a limited time within which to cut and remove the timber. Inasmuch as there were minors in the case, it was necessary to ask the aid of the Court…
2Cases cited8 opinions
- Corbett v. FogleSupreme Court of South Carolina · 1905
- Minshew v. Atlantic Coast Lumber Corp.Supreme Court of South Carolina · 1914
- Flagler v. Atlantic Coast Lumber Corp.Supreme Court of South Carolina · 1911
- Eureka Elastic Paint Co. v. Bennett-Hedgpeth Co.Supreme Court of South Carolina · 1910
- Sullivan v. WilliamsSupreme Court of South Carolina · 1895
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3Cited by4 opinions
- City of Greenville v. Washington American League Baseball ClubSupreme Court of South Carolina · 1945
- Ecosystem Resources, L.C. v. Broadbent Land & Resources, L.L.C.Wyoming Supreme Court · 2007
- Cummer Co. v. YagerSupreme Court of Florida · 1918
- New River Lumber Co. v. Blue Ridge Lumber Co.Tennessee Supreme Court · 1921