Coward v. Boyd
Supreme Court of South Carolina
Before Krugh, J., Aiken, Action by M. M. Coward, T. B. Coward and C. E. Hollman against Colonel Dantzler Boyd. The Circuit decree is as follows: “The plaintiffs, M. M. Coward and T. E. Coward, on May 27, 1905, sold and conveyed to the defendant, C. D. Boyd, a tract of sixty-one acres of land in said county.
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Before Krugh, J., Aiken, Action by M. M. Coward, T. B. Coward and C. E. Hollman against Colonel Dantzler Boyd. The Circuit decree is as follows: “The plaintiffs, M. M. Coward and T. E. Coward, on May 27, 1905, sold and conveyed to the defendant, C. D. Boyd, a tract of sixty-one acres of land in said county. The deed of conveyance is in the usual form, purporting to convey the fee simple in said' land, is free from ambiguity and covers definitely and certainly said tract of land, and no reservation or exception of timber appears on the face of it. “On September 13, 1905, the same plaintiffs…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The facts of this case are fully stated in the decree of his Honor, the Circuit Judge.
There are practically but two questions presented by the exceptions:
1 First. Was there error in the ruling, that it was necessary to plead the Statute of Frauds in order to object to testimony offered to- sustain the allegations set out in the complaint? The case, of Suber v. Richards, 61 S. C., 393, 39 S. E., 540, cited by the Circuit Judge, sustains his ruling.
2' Second. Was there error in ruling that parol testimony was inadmissible to prove that…
2Cases cited2 opinions
- Cape Fear Lumber Co. v. EvansSupreme Court of South Carolina · 1904
- Suber v. RichardsSupreme Court of South Carolina · 1901
3Cited by6 opinions
- American Wholesale Corp. v. MauldinSupreme Court of South Carolina · 1924
- Fanning v. BogackiSupreme Court of South Carolina · 1919
- State v. BarkerSupreme Court of South Carolina · 1924
- Alexander v. HerndonSupreme Court of South Carolina · 1909
- Nelson v. United Fire Ins. Co. of New YorkSupreme Court of South Carolina · 1980
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