Legal Opinion

Banks v. Frith

Supreme Court of South Carolina

Decided April 28, 1914No. 8831PublishedCited by 1 opinion

Before Shipp, J., Action by Beulah Y. Banks against W. 'H. Frith. Judgment for defendant and plaintiff appeals. The issues are stated in the opinion of the Court, as follows : In order to understand this case, it is well to set out the complaint and answer. The complaint is as follows: “The plaintiff above named, by her attorney, Wm.

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Before Shipp, J., Action by Beulah Y. Banks against W. 'H. Frith. Judgment for defendant and plaintiff appeals. The issues are stated in the opinion of the Court, as follows : In order to understand this case, it is well to set out the complaint and answer. The complaint is as follows: “The plaintiff above named, by her attorney, Wm. N. Graydon, complaining of the above named defendant, alleges: “I. That on the twenty-first day of November, 1904, the defendant made, executed, and delivered to the plaintiff, whose maiden name was Yarborough, for and in consideration of the sum. of five hundred…

1Opinion of the Court

April 28, 1914. The opinion of the Court was delivered by The respondent raises a question as to the jurisdiction of this Court to pass on the facts, and claims that this is an action at law, and the findings of the Circuit Judge are not reviewable in this Court. This question must first be determined. The plaintiff claims the right to possession under a deed from the defendant absolute on its face. The defendant admits the execution of the deed, but claims that, by virtue of a parol agreement, the deed is to be construed as a mortgage, and asks the Court to so find. The defendant does not…

2Cases cited2 opinions

  1. Williams v. McManusSupreme Court of South Carolina · 1912
  2. Petty v. PettySupreme Court of South Carolina · 1898

3Cited by1 opinion

  1. Mason v. FinleySupreme Court of South Carolina · 1924

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