Legal Opinion

Fairfield Timber Co. v. Simmons

Supreme Court of South Carolina

Decided December 5, 1917No. 9832PublishedCited by 3 opinions

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

  1. Carolina Timber Co. v. WellsSupreme Court of North Carolina · 1916

3Cited by3 opinions

  1. Richardson v. CoolerSupreme Court of South Carolina · 1920
  2. Cothran v. Long Cane Lumber Co.Supreme Court of South Carolina · 1927
  3. Jeffreys-McElrath Manufacturing Co. v. FaulkCourt of Appeals of Georgia · 1935

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