McCormac v. Evans
Supreme Court of South Carolina
Before Shipp, J., Dillon, Suit by E. A. McCormac and another against W. W. Evans and others. Judgment for defendants, and plaintiffs appeal. The statement of facts in the Circuit decree is recited in the dissenting opinion of the Chief Justice, and referred in the opinion of the Court. cite: As to distinction between legal and equitable causes of action: Pom. Code Rem. (3d ed.), secs. 521, 522, 523. This action is equitable: 27 S. C. 77) 46 S. C. 144; 1 Pom. Eq. Juris.
Read the full summary
Before Shipp, J., Dillon, Suit by E. A. McCormac and another against W. W. Evans and others. Judgment for defendants, and plaintiffs appeal. The statement of facts in the Circuit decree is recited in the dissenting opinion of the Chief Justice, and referred in the opinion of the Court. cite: As to distinction between legal and equitable causes of action: Pom. Code Rem. (3d ed.), secs. 521, 522, 523. This action is equitable: 27 S. C. 77) 46 S. C. 144; 1 Pom. Eq. Juris. (3d ed.), sec. 130. There can be no estoppel by conduct or concealment on the part of plaintiffs in this case, as the school…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
1 The facts are fully stated in the opinion of the Circuit Court. It appears that, by consent of all parties interested, the old church building, which is the subject of this action, was substituted for the schoolhouse that was built on the church grounds under an agreement with the church authorities that it should be used as a schoolhouse as long as any of the subscribers to the building fund desired a school kept there. Therefore, the rights of the parties must be determined as if the building in question were the schoolhouse…
2Cited by8 opinions
- Miller v. City of ColumbiaSupreme Court of South Carolina · 1927
- Sloan v. CITY OF GREENVILLESupreme Court of South Carolina · 1959
- Timberlake Plantation Co. v. County of LexingtonSupreme Court of South Carolina · 1993
- Dunn v. MillerSupreme Court of South Carolina · 1966
- Knoerr v. CrewsSupreme Court of South Carolina · 1965
3 more not listed; retrieve them via the Exa API.