Legal Opinion

Shute v. Shute

Supreme Court of South Carolina

Decided April 9, 1909No. 7130PublishedCited by 6 opinions

Before Gage, J., Lancaster, June, 1908. Action by Howell H. Shute against Wm. H. Shute, John Shute and Joseph D. Shute. The following is the Circuit decree: “The primary issue involved here is this: “Did the plaintiff intend the deed in controversy to be delivered upon its signing, so as to convey the fee out of 'him and into the defendants ? “At the outset the defendants object to, as incompetent, any parol testimony to prove the negative of that issue.

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Before Gage, J., Lancaster, June, 1908. Action by Howell H. Shute against Wm. H. Shute, John Shute and Joseph D. Shute. The following is the Circuit decree: “The primary issue involved here is this: “Did the plaintiff intend the deed in controversy to be delivered upon its signing, so as to convey the fee out of 'him and into the defendants ? “At the outset the defendants object to, as incompetent, any parol testimony to prove the negative of that issue. The rule of evidence which rejects parol testimony, which tends to vary a written instrument, is as old as the 1 law. The matter of…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

After careful consideration of the record, this Court is of the opinion that the reasoning of the Circuit Court well supports the conclusions stated in the decree.

The judgment of this Court is, that the judgment of the Circuit Court be affirmed.

2Cited by6 opinions

  1. Poplin v. BrownMissouri Court of Appeals · 1918
  2. Burke v. BurkeSupreme Court of South Carolina · 1927
  3. Fanning v. BogackiSupreme Court of South Carolina · 1919
  4. Lane v. LaneSupreme Court of South Carolina · 1945
  5. Lane v. LaneSupreme Court of South Carolina · 1945

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