Kirkland v. Moseley
Supreme Court of South Carolina
Before Wirson, J., Edgefield, Spring term, 1917. Suit by lone T. Kirkland and others against John S. Moseley, as executor of Angelina Bacon, deceased, and others. Decree dismissing the complaint, and plaintiffs appeal.
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Before Wirson, J., Edgefield, Spring term, 1917. Suit by lone T. Kirkland and others against John S. Moseley, as executor of Angelina Bacon, deceased, and others. Decree dismissing the complaint, and plaintiffs appeal. The decree of the Circuit Judge is as follows: This important equity case came on to be heard before me at a recent session of the Court at Edgefield, and was heard upon the testimony, oral and documentary, as taken by the master, under an order of reference to take testimony. The case was thoroughly and fully argued by counsel on all sides, and the evidence, and the arguments,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
Action to set aside a written agreement between sundry persons upon the ground that it was entered into under a mistaken impression of the law on the part of some of the contractors. The Circuit Court denied the relief prayed for and dismissed the complaint. The plaintiffs have appealed from that judgment.
The primary issue in the cause is whether, as matter of fact and law, there'was such a mistake as ought to be relieved. That question decided, other issues in the case arise out of the construction of Mrs. Bacon’s will. Those we…
2Cases cited3 opinions
- McCreary v. CoggeshallSupreme Court of South Carolina · 1906
- McMillan v. HughesSupreme Court of South Carolina · 1911
- Norman v. NormanSupreme Court of South Carolina · 1886
3Cited by8 opinions
- Watson v. WALLSupreme Court of South Carolina · 1956
- Turner v. Washington Realty Co.Supreme Court of South Carolina · 1924
- Meier v. MeierSupreme Court of South Carolina · 1946
- Lewis v. Omni Indemnity Co.District Court, D. South Carolina · 2013
- Dobson v. SmithSupreme Court of South Carolina · 1948
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