Hooker v. Hooker
Supreme Court of South Carolina
Before Whaeey, J., County Court, Richland. September, 1918.' Action by Belinda C. Hooker against H. Kennedy Hooker and another, in which, upon plaintiff’s death, Joel J. Hooker was substituted as plaintiff. Decree dismissing the complaint, and plaintiff appeals.
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Before Whaeey, J., County Court, Richland. September, 1918.' Action by Belinda C. Hooker against H. Kennedy Hooker and another, in which, upon plaintiff’s death, Joel J. Hooker was substituted as plaintiff. Decree dismissing the complaint, and plaintiff appeals. This action was commenced on the - day of July, 1917, by Belinda C. Hooker against her son, H. Kennedy Hooker, and Gertrude Nathans, as defendants, for the cancellation of a deed of conveyance executed by Belinda C. Hooker to H. Kennedy Hooker, dated the 7th of June, 1915. Belinda C. Hooker died about the 5th of February, 1918,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chiee Justice Gary.
1 In his decree, his Honor, the County Judge, says: “The .sole question is whether there was such misrepresentation or undue influence as would vitiate the deed to the defendant from his mother. * * * In the cause at bar we have in dispute, a deed from mother to son. Does that relationship, ipso facto, raise a presumption of undue influence, the burden of rebutting which would be with the defendant? It does not. * * * There being no presumption of either undue influence or misrepresentation from mere relationship, has the…
2Cases cited3 opinions
- Way v. Union Central Life Ins.Supreme Court of South Carolina · 1901
- Huguenin v. AdamsSupreme Court of South Carolina · 1918
- Craddock v. WeekleySupreme Court of South Carolina · 1910