Fairfield Timber Co. v. Simmons
Supreme Court of South Carolina
Before Gary, J., St. George, December, 1916. Action by the Fairfield Timber Company, a corporation, against James S. Simmons and others.
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Before Gary, J., St. George, December, 1916. Action by the Fairfield Timber Company, a corporation, against James S. Simmons and others. Judgment for plaintiff, and Simmons appeals. cite: As to nature of estate in grantee created by timber deed: 45 S. C. 621; 46 S. C. F. 314; 80 S. C. 106; 89 S. C. 328; 90 S. C. 176; 98 S. C. 8; 95 S. C. 352; 96 S. C. 53; 214 Fed. 424 ; 93 S. C. 13; 97 S. C. 247. Right of landowner at time of the extension: 1 Speers 32. Burden on landowner: 98 S. C. 8, 23. Nature of agreement for extension: 88 S. F. 327; 71 S. C. 64; 97 S. C. 247, 249; 102 S. C. 289, 294.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. ChiEE Justice Gary.
This is an action to determine the ownership of a fund, arising from the renewal of a contract, granting the right to cut the timber on a certain tract of land. The facts in the case are substantially as follows:
Edward Lotz owned a plantation in Dorchester county. On the 24th of February, 1906, he executed to E. C. Benedict a conveyance of the timber thereon. On the same day he executed a mortgage on said plantation in favor of E. C. Benedict, but made no mention of the timber deed. Benedict assigned his timber rights to…
2Cases cited1 opinion
- Carolina Timber Co. v. WellsSupreme Court of North Carolina · 1916
3Cited by3 opinions
- Richardson v. CoolerSupreme Court of South Carolina · 1920
- Cothran v. Long Cane Lumber Co.Supreme Court of South Carolina · 1927
- Jeffreys-McElrath Manufacturing Co. v. FaulkCourt of Appeals of Georgia · 1935