Gray v. Marion County Lumber Co.
Supreme Court of South Carolina
Before Memminger, J., Bennettsville, April, 1914. Action by Ansel A. Gray against Marion County Lumber Company. The plaintiff appeals from the Circuit decree, which was as follows: On January 30, 1899, H. R. Peele conveyed to Cape Fear Lumber Company certain timber and easements in Marlboro county. The plaintiff herein is the successor in title of H. R. Peele, and the defendant is the successor in title of Cape Fear Lumber Company.
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Before Memminger, J., Bennettsville, April, 1914. Action by Ansel A. Gray against Marion County Lumber Company. The plaintiff appeals from the Circuit decree, which was as follows: On January 30, 1899, H. R. Peele conveyed to Cape Fear Lumber Company certain timber and easements in Marlboro county. The plaintiff herein is the successor in title of H. R. Peele, and the defendant is the successor in title of Cape Fear Lumber Company. The conveyance in question contained this provision: “The said Cape Fear Lumber Company to have ten years from the time they commence to cut the timber to cut and…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
• This case cannot be distinguished in any essential particular, either of law or fact, from the case of Minshew v. Lumber Corporation, 98 S. C. 8, 81 S. E. 1027. It should be said, however, in fairness to the learned Judge, who wrote the opinion of the Circuit Court, that his opinion was filed before the opinion of this Court in Minshew’s case was published.
1 2 3 4 In Minshew’s case, the contract provided that the time limit should be five years from the time the grantee began cutting and removing the timber, but that, it might be…
2Cases cited2 opinions
- Minshew v. Atlantic Coast Lumber Corp.Supreme Court of South Carolina · 1914
- McSwain v. Atlantic Coast Lumber Corp.Supreme Court of South Carolina · 1913
3Cited by9 opinions
- A. C. Tuxbury Lumber Co. v. ByrdSupreme Court of South Carolina · 1925
- Beaufort County Lumber Co. v. JohnsonSupreme Court of South Carolina · 1917
- Fore v. Marion County Lumber Co.Supreme Court of South Carolina · 1920
- Montague Corporation v. Burton Lumber Co.Supreme Court of South Carolina · 1926
- State Ex Rel. Oklahoma Planning & Resources Board v. SmithSupreme Court of Oklahoma · 1957
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