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YOUNG v. INTERNATIONAL PAPER COMPANY

No. 8923.

322 F.2d 820 (1963)

H. L. YOUNG and Charles N. Ingram, Plaintiffs, Appellees, v. INTERNATIONAL PAPER COMPANY, Defendant and Third-Party Plaintiff; DICKERSON, INCORPORATED, Third-Party Defendant and Third-Party Plaintiff; PHOENIX INDEMNITY COMPANY, Third-Party Defendant; PHOENIX ASSURANCE COMPANY OF NEW YORK (Named above as Phoenix Indemnity Company), Third-Party Plaintiff; and L. H. SIMKINS, Third-Party Defendant, Appellants.

United States Court of Appeals Fourth Circuit.

Decided September 16, 1963.

Attorney(s) appearing for the Case

Coming B. Gibbs and Charles H. Gibbs, Charleston, S. C. (Joseph R. Young, Hagood, Rivers & Young, Robert McC. Figg, Jr., Gedney M. Howe, Jr., Charleston, S. C., Gwinn H. Nixon, Cumming, Nixon, Eve, Waller & Capers, Augusta, Ga., and Sinkler, Gibbs & Simons, Charleston, S. C., on brief), for appellants.

D. Laurence McIntosh, Florence, S. C. (Jack J. Wright, Wright, Scott, Blackwell & Powers, Florence, S. C., Harold A. Mouzon, B. Allston Moore, and Moore & Mouzon, Charleston, S. C., on brief), for appellees.

Before SOBELOFF, Chief Judge, BOREMAN, Circuit Judge, and WINTER, District Judge.

SOBELOFF, Chief Judge.

This is an appeal in a diversity suit instituted in the Eastern District of South Carolina. Plaintiff-appellees own a 10,000 acre tract of timber land in Georgetown County, South Carolina. In 1954 they granted International Paper Company, one of the defendants, an easement for the construction and use of a right-of-way across this tract. Involved in this litigation is the following provision embodied in the grant of the easement:

"It...

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