Bradley v. Calhoun
Supreme Court of South Carolina
Before Bowman, J., Allendale, February term, 1920. Action by J. R. Bradley and others against Belle Bradley Calhoun. From a directed verdict for defendant the plaintiffs appeal. cite: Purchaser at Judicial Sale must make inquiry as to jurisdiction of Court and whether parties zvere before it: 16 S. C. 281, 282; 37 S. C. 77. And is charged with notice of all records in the Court, and all defects that appeared in those records: 14 S* C. 312; 12 S. C. 142. Contingent…
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Before Bowman, J., Allendale, February term, 1920. Action by J. R. Bradley and others against Belle Bradley Calhoun. From a directed verdict for defendant the plaintiffs appeal. cite: Purchaser at Judicial Sale must make inquiry as to jurisdiction of Court and whether parties zvere before it: 16 S. C. 281, 282; 37 S. C. 77. And is charged with notice of all records in the Court, and all defects that appeared in those records: 14 S* C. 312; 12 S. C. 142. Contingent remaindermen in esse necessary parties: 22 S. C. 329; 25 S. C. 39; 23 S. C. 502. Where party receives benefits Court will presume…
1DissentJustice Cothran
(dissenting:) I dissent from the judgment in this case and will endeavor to make clear my reasons therefor.
I fully concur in the conclusion that the plea of res adjudicata under the alleged equity record of 1861 cannot be sustained, for the reason that it does not appear affirmatively as it should that the Bradley remaindermen were parties to that proceeding. I think that for that reason the record should have been excluded. It is not only useless, but im proper, to submit to a jury evidence the admissibility and efficacy of which depends 'upon an issue of law, which the Circuit Judge sooner…
2Cases cited10 opinions
- Miller v. SherrySupreme Court of the United States · 1865
- Lyles v. HaskellSupreme Court of South Carolina · 1892
- Ryan v. Southern B. & L. Ass'nSupreme Court of South Carolina · 1897
- Sullivan v. LatimerSupreme Court of South Carolina · 1892
- Ruff v. DotySupreme Court of South Carolina · 1887
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