Legal Opinion

Marthinson v. McCutchen

Supreme Court of South Carolina

Decided November 23, 1909No. 7381PublishedCited by 6 opinions

Before Watts, J., Williamsburg, Action by Charles Marthinson, agent, against Hugh Mc-Cutchen et al. From judgment for defendants, plaintiff appeals. Messrs. Montgomery & Lide cite: When deed should be set aside for fraud: 2 Ency.

Read the full summary

Before Watts, J., Williamsburg, Action by Charles Marthinson, agent, against Hugh Mc-Cutchen et al. From judgment for defendants, plaintiff appeals. Messrs. Montgomery & Lide cite: When deed should be set aside for fraud: 2 Ency. Ev., 833-4; 94 U. S., 207; 121 U. S., 325; 2 Hill, 666. Action must be brought zvithin six years of knowledge of fraud: 16 S. C., 550; 77 S. C., 535. After zvriting cobtract, former colloquium is ended: 42 S. C., 8. As to alienage: 78 S- C., 142. Messrs. Willcox & Willcox and Henry B. Davis cite: Charge of fraud makes admissible all evidence necessary to support it:…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

On the 20th of October, 1898, Mrs. M. J. McCutchén executed and delivered to plaintiff a deed; so much of which as is pertinent to the case reads as follows: “Know all men by these presents, that I, Mrs. M. J. McCutcheon, of the county and State aforesaid, in consideration of the sum of one dollar to in hand paid at the sealing and delivery of these presents (the receipt whereof is hereby acknowledged), by Chas. Marthinson, ag-ent, of the County of Horry, State of South Carolina, and for the further consideration of money's to be…

2Cases cited3 opinions

  1. Garrick v. Florida Central & Peninsular R. R.Supreme Court of South Carolina · 1898
  2. Holley v. AnnessSupreme Court of South Carolina · 1894
  3. Smith v. LinderSupreme Court of South Carolina · 1907

3Cited by6 opinions

  1. Dicks v. CasselsSupreme Court of South Carolina · 1915
  2. McChesney v. SmithSupreme Court of South Carolina · 1916
  3. Midland Timber Co. v. PrettymanSupreme Court of South Carolina · 1912
  4. Yawkey v. LowndesSupreme Court of South Carolina · 1929
  5. Crown Orchard Co. v. DennisDistrict Court, D. South Carolina · 1915

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API