Legal Opinion

Garner v. Garner

Supreme Court of South Carolina

Decided October 10, 1905PublishedCited by 4 opinions

Before DantzlER, J., Florence, December, 1904. Action by John S. Gamer et al. against Joseph F. Garner et al. From order of Circuit Court overruling order of master dismissing complaint, defendants, Arthur and Maggie Garner, appeal. Mr. Dargan cites: Complaint can be dismissed: Rule 30, C. C.; 6 Ency. P. & P., 831-2, 953-4. Wards camnot claim both land and proceeds: 20 S. C., 412. Messrs.

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Before DantzlER, J., Florence, December, 1904. Action by John S. Gamer et al. against Joseph F. Garner et al. From order of Circuit Court overruling order of master dismissing complaint, defendants, Arthur and Maggie Garner, appeal. Mr. Dargan cites: Complaint can be dismissed: Rule 30, C. C.; 6 Ency. P. & P., 831-2, 953-4. Wards camnot claim both land and proceeds: 20 S. C., 412. Messrs. Green & Hines cite: Proof was sufficient to sustain the complaint: 8 Ency., 1 ed., 654, 656; 4 McC., 294; Bail. Eq., 126. Purchaser from guardian: of lands sold under proceeding to which wards were parties…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an action to set aside certain transactions for fraud, to. subject the lands described in the complaint to¡ the payment of the claims therein mentioned, and for an accounting as to' rents and profits.

By order of the Court, a referee was appointed to> take the testimony, and report his conclusions of law and fact. At the close of the plaintiffs’ testimony a motion was made to dismiss the complaint as to the defendants, Arthur R. Garner and Maggie Garner, on grounds which are set out in the report of the referee.

The report of the…

2Cases cited4 opinions

  1. Southern Ry. v. BeaudrotSupreme Court of South Carolina · 1902
  2. Barnes v. RodgersSupreme Court of South Carolina · 1899
  3. Gilreath v. FurmanSupreme Court of South Carolina · 1900
  4. McClenaghan v. McEachernSupreme Court of South Carolina · 1896

3Cited by4 opinions

  1. Phillips v. PhillipsCourt of Appeals of Maryland · 2001
  2. Jefferson Standard Life Insurance v. BoddieSupreme Court of South Carolina · 1942
  3. Phillips v. PhillipsCourt of Appeals of Maryland · 2001
  4. Phillips v. PhillipsCourt of Appeals of Maryland · 2001

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