Legal Opinion

Ex Parte Wallace

Supreme Court of South Carolina

Decided November 29, 1905PublishedCited by 1 opinion

Before Jos. A. McCullough, special Judge, Richland, December, 1903. Action in probate court by Fannie C. Wallace against E. Barton Wallace, Mrs. Margaret Caldwell, Andrew Wallace, Bruce Wallace and Wm. Wallace. From Circuit decree affirming probate court, petitioner appeals. cite: As to effect of delivery: American Digest, Cen. ed., vol. 16, 35, 146, 150, 138, 139, 142, 143; 1 Strob, Eq., 349; 1 Mill., 191; 2 Strob., 309; 10 Rich. Eq., 359; 9 Rich.

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Before Jos. A. McCullough, special Judge, Richland, December, 1903. Action in probate court by Fannie C. Wallace against E. Barton Wallace, Mrs. Margaret Caldwell, Andrew Wallace, Bruce Wallace and Wm. Wallace. From Circuit decree affirming probate court, petitioner appeals. cite: As to effect of delivery: American Digest, Cen. ed., vol. 16, 35, 146, 150, 138, 139, 142, 143; 1 Strob, Eq., 349; 1 Mill., 191; 2 Strob., 309; 10 Rich. Eq., 359; 9 Rich. Eq., 306; Rice Eq., 255; Dud. Eq., 14; 3 Strob., 105; 23 S. Cv 89; 34 S. E., 355; 35 S. E., 856; 46 Barb., 123; 105 Mass., 562; 59 Conn., 568; 30…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

The plaintiff brought this action to recover dower in a certain dwelling and lot containing nine acres of land in and adjoining the city of Columbia. It was not disputed that William Wallace was once seized of the premises in question, that he was married to< plaintiff in 1876, and died in 1902. It appears that on February 21, 1863, pursuant to a power of attorney to him, E. J. Arthur, as attorney in fact for William Wallace, executed a deed conveying the premises to Sarah Wallace and John Wallace in trust for the use of said William…

2Cited by1 opinion

  1. In Re Perry's WillSupreme Court of South Carolina · 1916

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