Legal Opinion

Floyd v. Montgomery Lumber Co.

Supreme Court of South Carolina

Decided January 21, 1919No. 10122Published

Before Rice, J., Horry, Spring term, 1918. Action by Lillie Mae Floyd and others against the Mont’ gomery Lumber Company. Judgment on verdict for plaintiffs, and defendant appeals. The testimony referred to in the opinion is: Johnson Floyd, a witness for the plaintiff, testified: Direcl ■examination: I am a son of Frederick Floyd, my mother's name was Nancy Floyd, my father had six children by his first wife and seven by his last.

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Before Rice, J., Horry, Spring term, 1918. Action by Lillie Mae Floyd and others against the Mont’ gomery Lumber Company. Judgment on verdict for plaintiffs, and defendant appeals. The testimony referred to in the opinion is: Johnson Floyd, a witness for the plaintiff, testified: Direcl ■examination: I am a son of Frederick Floyd, my mother's name was Nancy Floyd, my father had six children by his first wife and seven by his last. Hardy Floyd, Elizabeth McDaniel, Asbury Floyd, Goudin Floyd, William H. Floyd and D. C. Floyd were children by the first wife. Gus Floyd was my half brother. I am…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This action was for damages to real estate, for cutting and removing timber therefrom, and other acts of trespass. Plaintiffs claimed that they owned four undivided thirteenths of the land and timber. The answer was a general denial, and that the defendant was the. owner of the timber and trees and other easements' on said lands, and that they were the owners of nine undivided thirteenths of timber and trees and necessary rights of way and easements, and that they only took their interest from said lands, leaving the plaintiffs their…

2Cases cited2 opinions

  1. Smith & Furbush MacHine Co. v. JohnstonSupreme Court of South Carolina · 1915
  2. Jones v. KellySupreme Court of South Carolina · 1913

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