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MILLER v. LEAIRD

23348

307 S.C. 56 (1992)

413 S.E.2d 841

Joan Middleton MILLER, Lennie S. Middleton, Jr., Phillip Michael Rollins, and Johnny Richard Rollins, Jr., Appellants v. William Gary LEAIRD and Southland Forest Products, Inc., Respondents.

Supreme Court of South Carolina.

Decided January 27, 1992.

Reh. Den. February 19, 1992.

Attorney(s) appearing for the Case

H.F. Bell and Stephen C. Wallace, Chesterfield, for appellants.

James I. Redfearn, Chesterfield, for respondent William Gary Leaird.

Robert Wilson Davis, Kershaw, for respondent Southland Forest Products, Inc.

ON REHEARING

This matter is before the Court on Respondent William Gary Leaird's petition for rehearing on this Court's reversal of the judgment of the special referee. Miller v. Leaird, Op. No. 23348 (S.C. Sup. Ct. Filed Feb. 11, 1991). We grant respondent's petition.

Respondent contends that creation of a life estate does not suspend the running of the statutory periods for the forty-year lapse statute or the ten-year lapse statute for presumption...

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