Legal Opinion

Davis v. Davis

Supreme Court of South Carolina

Decided February 3, 1953No. 16709PublishedCited by 14 opinions

1Opinion of the Court

Oxner, Justice.

The facts are fully stated in the opinion of Mr. Chief Justice Baker. For the reasons so cogently stated by him, I am in accord with the conclusion that the estate of tenancy by the entirety no longer exists in South Carolina, but regret that I must dissent from the conclusion that the deed creates a joint tenancy.

It is elémentary that the cardinal rule of construction is to ascertain and effectuate the intention of the parties, unless that intention contravenes some well settled rule of law or public policy. As we endeavored to point out in the very'recent case of Rogers v.…

2Cases cited10 opinions

  1. Equitable Loan & Security Co. v. WaringSupreme Court of Georgia · 1903
  2. Maxwell v. SaylorSupreme Court of Pennsylvania · 1948
  3. Rowland v. . RowlandSupreme Court of North Carolina · 1885
  4. Mittel v. KarlIllinois Supreme Court · 1890
  5. Phelps v. SimonsMassachusetts Supreme Judicial Court · 1893

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

3Cited by14 opinions

  1. Sandy Island Corp. v. RagsdaleSupreme Court of South Carolina · 1965
  2. Byars v. Cherokee CountySupreme Court of South Carolina · 1961
  3. SHEVLIN v. Colony Lutheran ChurchSupreme Court of South Carolina · 1955
  4. Hawkins v. THACKSTONSupreme Court of South Carolina · 1954
  5. South Carolina National Bank v. HalterCourt of Appeals of South Carolina · 1987

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

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