Patterson v. Rabb
Supreme Court of South Carolina
Before Witherspoon and Fraser, JJ., Fairfield, July, 1890, and November, 1891. This was an action by Giles J. Patterson (continued after Ms death by M. Virginia Patterson, his devisee,) against Cassandra H. Babb, Edwin J. Babb, and H. Y. Milling, as sheriff.
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Before Witherspoon and Fraser, JJ., Fairfield, July, 1890, and November, 1891. This was an action by Giles J. Patterson (continued after Ms death by M. Virginia Patterson, his devisee,) against Cassandra H. Babb, Edwin J. Babb, and H. Y. Milling, as sheriff. The exceptions to Judge Witherspoon’s order, maintaining the status quo pending the action, were as follows: 1. For that his honor erred in enjoining the defendants, Cassandra H. Babb and Edwin J. Babb, trustee, from collecting the rents of the premises described in the complaint. 2. For that his honor erred in ordering the possession of…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice Pope.
Mary Regina Holley, by her deed dated the 18th day of December, 1867, conveyed a tract of land, containing 412 acres, situated in Fairfield County, in this State, to Thomas W. Rabb, in trust for his wife Cassandra during her life, and at her death to be delivered to such issue as the said Cassandra may have living at her death, to be held by such issue absolutely and discharged from all further trust. Under such deed said lands were taken possession of by such trustee. This deed was duly recorded, and contained a power to the trustee…
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