Fore v. Marion County Lumber Co.
Supreme Court of South Carolina
Before TownsBnd, J., Dillon, October term, 1919. Action by Tracy E. Fore against Marion County Lumber Company to declare a timber deed void, and to enjoin cutting.
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Before TownsBnd, J., Dillon, October term, 1919. Action by Tracy E. Fore against Marion County Lumber Company to declare a timber deed void, and to enjoin cutting. From judgment for defendant, the plaintiff appeals. cite: Reasonable time for cutting under a timber deed dependent upon facts and circumstances surrounding parties at the time the contract was made, and representations by purchaser at time of purchase as to when cutting would commence are competent in determining the question of reasonable time: 98 S. C. 8; 102 S. C. 289; 102 S. C. 238; 254 Fell. 195; 108 S. C. 108. Party guilty…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydricic.
Plaintiff sued to enjoin defendant from cutting the timber on a certain tract of land, on the ground that the right to cut it had terminated by lapse of time before the cutting was commenced.
1 The tract was conveyed to plaintiff by his mother by deed, dated November 24, 1893, and duly recorded. She intended to convey to him a fee simple title, but by mistake of the scrivener there were no words of inheritance in the granting or habendum clauses, and, therefore, the deed conveyed only a legal life estate, notwithstanding it…
2Cases cited3 opinions
- McMichael v. McMichaelSupreme Court of South Carolina · 1898
- Minshew v. Atlantic Coast Lumber Corp.Supreme Court of South Carolina · 1914
- Gray v. Marion County Lumber Co.Supreme Court of South Carolina · 1915
3Cited by3 opinions
- Grainger v. HamiltonSupreme Court of South Carolina · 1955
- State Ex Rel. Oklahoma Planning & Resources Board v. SmithSupreme Court of Oklahoma · 1957
- Elliott v. BristowSupreme Court of South Carolina · 1938