Legal Opinion

Boyce v. Mosely

Supreme Court of South Carolina

Decided October 30, 1915No. 9225PublishedCited by 12 opinions

Before Memminger, J., Edgefield, March, 1915. Action by W. S. Boyce' against Harmon C. Mosely, William Toney, H. Spann Toney, Mrs. lone T. Kirkland, Mrs. Hattie T. Boatwright and Mark- Toney. .From judgment for defendant, plaintiff appeals. The facts are stated in the opinion. cite: As to construction of term “next of kin:” 16 A. & E. Enc. of E. (1st ed.) 707; 5 Words & Phrases 4800; 44 S. C. 516; 4 Rich.

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Before Memminger, J., Edgefield, March, 1915. Action by W. S. Boyce' against Harmon C. Mosely, William Toney, H. Spann Toney, Mrs. lone T. Kirkland, Mrs. Hattie T. Boatwright and Mark- Toney. .From judgment for defendant, plaintiff appeals. The facts are stated in the opinion. cite: As to construction of term “next of kin:” 16 A. & E. Enc. of E. (1st ed.) 707; 5 Words & Phrases 4800; 44 S. C. 516; 4 Rich. Eq. 413. Intention of grantor should govern: 79 S. C. 168; 42 S. C. 345; 46 S. C. 370; 74 S. C. 59. Vested interest: 1 Hill Ch. 357. Ambiguity: 32 S. C. 192; 98 S. C. 234. Trust evidenced by…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gage.

Action to recover the possession of 559 acres of valuable lands, situate in Edgefield, near Johnston; and of which, Mosely claims and occupies 490 acres, and the other defendants, called the Toneys, occupy 69 acres.

At the close of all the testimony the Court directed a verdict for the defendants, and the plaintiff appealed.

There are seven exceptions, but there are not so many issues to be decided.

These are the issues made by the exceptions:(1) What is the meaning of the deed to be gathered from its words and the testimony; and are the…

2Cases cited1 opinion

  1. McMillan v. HughesSupreme Court of South Carolina · 1911

3Cited by12 opinions

  1. Lawrence v. BurnettSupreme Court of South Carolina · 1918
  2. Smith v. WilliamsSupreme Court of South Carolina · 1927
  3. Avinger v. AvingerSupreme Court of South Carolina · 1921
  4. Gowdy v. KelleySupreme Court of South Carolina · 1937
  5. Busby v. BusbySupreme Court of South Carolina · 1927

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