Legal Opinion

Wagener & Co. v. Parrott

Supreme Court of South Carolina

Decided March 14, 1898PublishedCited by 5 opinions

Before Benet, J., Darlington, March, 1897. Action for possession of real property by Wagener & Co. against Alonzo W. Parrott. Judgment for plaintiff. Defendant appeals on following exceptions.

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Before Benet, J., Darlington, March, 1897. Action for possession of real property by Wagener & Co. against Alonzo W. Parrott. Judgment for plaintiff. Defendant appeals on following exceptions. It is respectfully submitted that his Honor, the Circuit Judge erred: 1. In declining to charge, as requested by appellant, that “If, when the levy and sale was attempted to be made, the defendant, Parrott, interposed his claim of homestead, and if the sheriff proceeded to sell without regard to said claim, the sale was a nullity, as being in violation of law, and the jury should have found for the…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Pope.

The facts underlying the appeal, and necessary to be borne in mind in passing upon the questions raised here, are about as follows: Julia Parrott, wife of Alonzo W. Parrott, being possessed of 373 acres of land and some personal property, by her will devised a tract of 100 acres, whereon was her family residence, valued at $700 or $800, to her husband, Alonzo W. Parrott, in fee simple; the balance, 273 acres, she devised in equal shares to Louise Parrott, an adopted daughter, and her two nieces, Carrie May Parrott and Ellen Ruth…

2Cited by5 opinions

  1. Dorn v. StidhamSupreme Court of South Carolina · 1927
  2. State v. RoofSupreme Court of South Carolina · 1928
  3. In Re: Snoddy's EstateSupreme Court of South Carolina · 1942
  4. In re McGowanDistrict Court, D. South Carolina · 1909
  5. Snoddy v. BurnettSupreme Court of South Carolina · 1942

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