Reports of Cases Heard and Determined by the Supreme Court of South Carolina (Volume 96)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914. Excerpt: ... Rep. April Term. 1913. the orders which he gave the plaintiff were, in law, the same as if they had heen furnished and given by the defendant. The other questions raised by the exceptions were not argued, presumably because, on mature consideration, they were found to be without merit. Affirmed. 8687 McSWAIN v. ATLANTIC COAST LUMBER CORPORATION. 1. Timrer Deeds--Options--Purlic Policy.--The option on timber in question is not champertous and barretrous and thereby contrary to public policy. 2. Option--Specific Performance.--Acceptance of an option within the time limit and compliance with its conditions vests the optionee with the right to bring an action of specific performance. 3. Timrer Deeds.---What is a reasonable time to cut and remove timber under a timber deed should not be adjudged on affidavits on motion to dissolve a temporary injunction. 4. Injunction--Equitarle Title.--The Court should grant an injunction upon a proper showing where an equitable interest or title to land is involved. Before Spain, J., Darlington, January, 1913. Reversed. Action by T. C. McSwain against Atlantic Coast Lumber Corporation and S. U. Davis. Complaint. The complaint of the above named plaintiff respectfully shows to the Court: For a first cause of action: I. That the defendant, Atlantic Coast Lumber Corporation, is a corporation duly chartered and organized under the laws of the State of South Carolina. II. That on the 9th day of November, A. D. 1910, D. K. Godbold was seized in fee and possessed of a certain tract Complaint. 96 S. C. of land, situate in the county of Marion and State of South Carolina, containing five hundred acres, more or less, commonly known as the Cannon lands, and described as follows: North by lands of Mrs. Annie Gresham, south by lands o...