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MIDLAND TIMBER CO. v. PEGUES

Supreme Court of South Carolina.
Oct 30, 1912
Judgment
Subsequent
References
CaseIQ
Case Information
CITATION CODES
citation codes
DOCKET NO.

8354

Attorney(S)

Messrs. Smythe, Frost Visanska, Octavus Cohen and L.D. Lide, for appellant. Mr. Lide cites: Reservations in deeds should be construed strictly against grantor: 11 Rich. 621; 1 Strob. 148; 2 Strob. 158; 4 Strob. 212. Deeds should be construed in the light of existing conditions: 79 S.C. 169; 80 S.C. 106; 75 S.C. 437; 58 P. 253. Limitation of right to estover or botes: 3 Strob. 11; 2 Black's Com. 35; Robinson's Elm. L. 64; 2 McC. Chan. 139; 68 S.C. 279; 2 DeS. Eq. 65; 24 Cyc. 1066; 18 Ency. 448; 64 Am. Dec. 362; 34 Am. St. R. 240; 2 Hill Ch. 277; 69 S.C. 364; 18 Cyc. 861; 25 Am. Dec. 582. Mr. Octavus Cohen cites: Meaning of plantation: 3 Strob. 11. Messrs. W.A. Holman and E.J. Dennis, contra.

JUDGES

MR. JUSTICE FRASER, dissenting.

ACTS

No Acts

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Important Paras
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October 30, 1912. The opinion of the Court was delivered by

MR. JUSTICE WATTS.

For the satisfactory reasons set forth by his Honor, Judge DeVore, in his Circuit Court decree, it is the judgment of this Court that the judgment of the Circuit Court be affirmed.

MR. JUSTICE FRASER, dissenting.

I cannot concur in the opinion of the majority of the Court in this case.

It seems to me that the building of many new tenant houses on a plantation at one time is in the nature of things an extraordinary use, and not included in the reservation.

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