Toole v. Johnson
Supreme Court of South Carolina
Before Gary, J., Aiken, September, 1900. Action to set aside deed by J. G. Toole, Hettie M. Toole and E. G. Toole against Eavinia Johnson. From judgment for plaintiffs, defendant appeals. cite: In case like this statute runs against minor: 26 S. 0., 241; 29 S. C., 247; 33 S. C., 35; 38 S. 'C., 500; 47 S. C., 133. It is not public policy to set aside a public sale more than twenty years after made: 4 Strob. Eq., 155; 6 Rich.
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Before Gary, J., Aiken, September, 1900. Action to set aside deed by J. G. Toole, Hettie M. Toole and E. G. Toole against Eavinia Johnson. From judgment for plaintiffs, defendant appeals. cite: In case like this statute runs against minor: 26 S. 0., 241; 29 S. C., 247; 33 S. C., 35; 38 S. 'C., 500; 47 S. C., 133. It is not public policy to set aside a public sale more than twenty years after made: 4 Strob. Eq., 155; 6 Rich. Eq., 283. Exception that statute runs against fraud only from date of knowledge of, does not apply to a public sale: Code, 114; 13 S. C., 383.; 30 F. R., 537; 1 Hill, 298;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This action was commenced on the 9th day of May, 1899. The facts are thus set out in the complaint:
“I. That Warren Toole died in 1874, leaving as his only heirs at law, his children, the plaintiffs herein, and' W. W. Toole and Mrs. Ida Sprowles, and the defendant, Ravinia Johnson; that he died seized and possessed of the following tract of land: ‘All that tract or parcel of land, situate in the county of Aiken and State of South Carolina, containing 380 acres, more or less * * *’
“II. That Hansford D. Johnson was the husband of the…
2Cited by4 opinions
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- Smith v. LinderSupreme Court of South Carolina · 1907
- Courtenay Mfg. Co. v. Issaqueena MillsSupreme Court of South Carolina · 1936
- Metropolitan Life Insurance v. SansburySupreme Court of South Carolina · 1932