Supreme Court of South Carolina, 1912

Midland Timber Co. v. Pegues

Supreme Court of South Carolina · Decided October 30, 1912 · Fraser, Watts

76 S.E. 82; 93 S.C. 82; 1912 S.C. LEXIS 297 (South Eastern Reporter)

Counsel

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.

Opinion of the Court

The opinion of the Court was delivered by

*88 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.

Dissenting Opinion

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.