The Dillon herald. [volume] (Dillon, S.C.) 1894-????, 1911-08-03
NEWS OF THE COUNTY EIGHT NEGROES KILLED LUM
IMPORTANT DECISION OF THE SUPREME.
COURT EFFECTING LUMBER
A LARGE AMOUNT INVOLVED
In the Case of FIagler VS.. y. G. l..
Corporation Decision Favoring
Plaintiff of Widespread Interest


The following decision of the
supreme court will be read with in
terest by every person who has
sold options on timber land:
The question then presented TO
this court. as raised by the appel
liant, for consideration are:
First: That the grant to the de-
fendant respondent was for lin
tied time only, and that the court
in constituting the contract should
determine that this time was Il rea-
sonable time for the making of the
contract.
Second: That as eleven years
have elapsed since the making of
the contract, that more than
reasonable time has expired and
that the rights of the defendant
respondent have terminated
Third: That in view of the
agreement in the contract that the
plaintiff should pay the taxes on
the timber during the continuance
OF the contract is in violation of
the law, and that the contract is,
! therefore, void
In behalf of the defendant-re-
spondent it is claimed:
First: That under the language
OF the contract that the defendant
took a fee simple title to the tim
Der and such int rest in the land
as was necessary TO support the
timber and that this question was
/ stare decisiS in this State, and for
this position relied upon the auth
ority of Knott VS.. Hydrick, u
Rich. 31l and Wilson Lumber Co.
VS.. Alderman Il Suns Company, so
South Carolina LOG.
And, under the case of Crawford
VS.. Atlantic Coast Lumber Company,
that the limitations, if any. of
thls contract could not effect the
Zee simple character Of the grant
In the discussion of the case be
lore the court, the question that
certain phases of the contract were
presented to this court on appeal
when not directly raised by the
pleading, was waived by counsel for
the respondent, and they joined in
the request that the contract in
question be fully construed by this
court For the purpose of conven-
lence we will first consider the
question Of the correctness of the
| position taken by respondents
counsel. that the main question at
issue is already settled in this
State under the authority of Knott
VS.. Hydrick, IL Rich. 314 and the
! wilson Lumber Company VS. Alder
man & Sons Company, so South
Caroline LOG. If this be true, it
follows that all the questions rails
ed by the appellant must be de-
clded averse to him without furth-
er reason except the question rails
er reason, except the question rails
ed by the fourth exception.
1t is therefore necessary to eX-
anime into the cases cited TO see
If they do establish that which is
claimed for them by the defendant,
and fix its claim to the timber un-
der the terms of the present con-
tract.
The case of Knott VS.. Hydrick
supra was decided on the following
tacts: there the grant was not of
timber but of land with an express
reservation to the grantor of "all
lumber growing on said land suit
able to be sawed into lumber"
Inc grantee gave notice to the
grantor of the deed to remove the
timber, which the grantor did not
DO, and the grantee then girded
the trees, said the action arose by
reason of the grantor suing the
grantee for the value of the trees
rendered unfit for lumber. Under
these circumstances, this court
held that the grantor had not only
an estate in the trees but also such
an interest in the soil as was ne
cessary to sustain them and furth-
er that such an estate cannot be
terminated by the grantee by giving
the grantor notice and a reason
able time to remove the timber
1t is well to be observed that in
this case there were no words used
In the contract or deed which un-
dertook to limit the time within |
winch the timber was to be removed |
In Wilson Lumber Company VS.. |
alderman d Sons Company one
McElveen conveyed to Wilson all
the timber upon a certain tract, /
with Habendum to Thomas Wilson /.
and mis- heirs and assigns forever
with the usual general warranty. /
Within year Wilson built a tram /
way to the land, cut and sawed .
some of the timber, and then re-
moved the tramway and milling ma [
chlnery. subsequently he convey
ed his interest to Wilson Lumber
Co.. and the heirs of McElveen. the .
grantor of Wilson, conveyed the .
timber to Alderman & Sons Com /
pany, for a term of years, and /
and sometime thereafterwards the
latter company went upon the land .
and cut some of the timber. and .
the action was commenced bv the
Wilson Lumber Company for an in
junction to restrain the defendant
from cutting the timber. At the /
trlal II was agreed after the con-
struction placed by the presiding
Judge CJudge Prince upon the
deed from McElveen to Wilson that |
there was nothing for the Jury to
pass upon, he holding that the
deed being in form of fee simple
deed without conditions or limita- .