Legal Opinion

Dye v. Beaver Creek Church

Supreme Court of South Carolina

Decided March 12, 1897PublishedCited by 14 opinions

Before Gary, J., Fairfield, Action by heirs at law of John Dye against Beaver Creek Church and its officers for possession of tract of land.

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Before Gary, J., Fairfield, Action by heirs at law of John Dye against Beaver Creek Church and its officers for possession of tract of land. The Circuit decree is as follows: John Dye, of Fairfield District, by his will, executed on the 14th day of December, 1854, devised as follows: “First of all, my lawful debts to be paid out of my estate, and all the balance of my personal and real estate I give and bequeath to my beloved wife, Tabitha Dye, for her to dispose and live on during her lifetime; and if there be anything at her deceast after left after her deceast and burial, I give and…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

The case contains the following statement of facts: This action was commenced on the 25th day of January, 1896, by the service of a summons, together with the complaint, on the defendants. The complaint sets forth the facts that the Beaver Creek Church was an unincorporated association, of the Baptist denomination; that the other defendants were, respectively, the deacons, and the clerk of said church or association; that one John Dye departed this life in December, 1854, leaving a last will and testament, wherein he devised a certain…

2Cases cited1 opinion

  1. Russell v. AllenSupreme Court of the United States · 1883

3Cited by14 opinions

  1. Rogers v. ROGERSSupreme Court of South Carolina · 1952
  2. Hutton v. St. Paul Brotherhood of the People's ChurchCourt of Chancery of Delaware · 1935
  3. Smith v. HeywardSupreme Court of South Carolina · 1920
  4. Ackerman v. FichterIndiana Supreme Court · 1913
  5. City of Columbia v. MonteithSupreme Court of South Carolina · 1926

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