Midland Timber Co. v. J. F. Prettyman & Sons
Supreme Court of South Carolina
Before Spain, J., Submission without action of controversy between the Midland Timber Company and J. F. Prettyman & Sons and another. From a judgment in favor of plaintiff, defendants appeal.
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Before Spain, J., Submission without action of controversy between the Midland Timber Company and J. F. Prettyman & Sons and another. From a judgment in favor of plaintiff, defendants appeal. Plaintiff, claiming to own the timber conveyed by the deed mentioned in the judgment, contracted to sell it to J. F. Prettyman & Sons, and offered to convey the timber, but the purchaser declined to1 accept the title -thereto because of its doubt as to plaintiff’s right to' demand an extension of time in which to cut and remove the timber. The third paragraph in the timber deed provided that the timber…
1Opinion of the Court
Mr. Legare Walker submits:
The question is, is the title tendered a good one, of which the following question is conclusive:
Can the Midland Timber Company compel a ten-year extension under the deed under consideration?
This resolves itself into two propositions, to wit:
1. Did the Midland Timber Company ever have thisright? (and)
2. If so, has it, by its actions, lost it? Exception I (with its subdivisions) seeks to show thatthe right to demand a definite extension never existed.
Exception II and III seek to show that even if the rightdid at one time exist, it has now been lost, and cites:…
2Cases cited27 opinions
- Childs v. City of ColumbiaSupreme Court of South Carolina · 1911
- McRae v. Stillwell, Millen & Co.Supreme Court of Georgia · 1900
- Winslow v. Baltimore & Ohio RailroadSupreme Court of the United States · 1903
- Bunch v. Elizabeth City Lumber Co.Supreme Court of North Carolina · 1903
- Bateman v. Kramer Lumber Co.Supreme Court of North Carolina · 1911
22 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Crown Orchard Co. v. DennisCourt of Appeals for the Fourth Circuit · 1915
- Beaufort County Lumber Co. v. JohnsonSupreme Court of South Carolina · 1917
- Crown Orchard Co. v. DennisDistrict Court, D. South Carolina · 1915
- Montague Corporation v. Burton Lumber Co.Supreme Court of South Carolina · 1926
- Norfolk Bank for Savings & Trusts v. WhippleDistrict Court, E.D. South Carolina · 1918
1 more not listed; retrieve them via the Exa API.