Legal Opinion

Rembert v. Evans

Supreme Court of South Carolina

Decided July 28, 1910No. 7642PublishedCited by 3 opinions

Before DeVore, J., Richland, June, 1910. Action by George R. Rembert against W. Boyd Evans. From Circuit decree, defendant appeals. cites: As to construction of heirs of the body: 24 S. C., 314; 67 S'. C., 308; 65 S'. C., 354; 1 Rich. Eq., 404; 52 -S. C., 554; 1 Stro-b. Eq., 404; 48 S. C., 440; 3 Rich. Eq., 559; 16 S. C., 290; 2 Strob.

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Before DeVore, J., Richland, June, 1910. Action by George R. Rembert against W. Boyd Evans. From Circuit decree, defendant appeals. cites: As to construction of heirs of the body: 24 S. C., 314; 67 S'. C., 308; 65 S'. C., 354; 1 Rich. Eq., 404; 52 -S. C., 554; 1 Stro-b. Eq., 404; 48 S. C., 440; 3 Rich. Eq., 559; 16 S. C., 290; 2 Strob. Eq., 190. cite: Fee was in trustee: Lewinon- Trusts, 249-51; 29 S. C., 136; 31 S. C., 13. The wives of trustees did not take a fee conditional: 6 Rich. Eq., 9; 1 Curtis, 428; 30 S. C., 144; 30 S. C., 130; 42 S. C„ 342; 65 S. C., 345. Revert not used here in…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

In this action for specific performance the defendant admits his contract to purchase the land described in the complaint, but denies that the plaintiff can make a good title. The issue thus made depends upon the construction of a deed of trust made by Jesse DeBruhl to Samuel Fair and J. Foster Marshall, on January 7, 1853. The consideration of the deed was love and affection of the grantor for his daughters, Mary D. Fair, wife of Samuel Fair, and Elizabeth A. Marshall, wife of J. Foster Marshall. The trust was thus declared in the…

2Cases cited10 opinions

  1. Porter v. FineTennessee Supreme Court · 1848
  2. Roundtree v. RoundtreeSupreme Court of South Carolina · 1887
  3. People's Loan & Exchange Bank v. GarlingtonSupreme Court of South Carolina · 1899
  4. Blount v. WalkerSupreme Court of South Carolina · 1889
  5. Shaw v. RobinsonSupreme Court of South Carolina · 1894

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

3Cited by3 opinions

  1. Adams v. VernerSupreme Court of South Carolina · 1915
  2. Davis v. DalrympleSupreme Court of South Carolina · 1931
  3. Hogg v. ClemmonsSupreme Court of South Carolina · 1923

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