Legal Opinion

Mims v. Machlin

Supreme Court of South Carolina

Decided July 18, 1898PublishedCited by 3 opinions

Before Gary, J., Barnwell, December, 1897. Action for possession of real estate by May Mims, by ber guardian ad litem, v. Wm. Machlin, Z. Daniel, and J. F. Miller. From judgment for plaintiff, defendants appeal. cite: 23 S. C., 232; 28 N. E. R., 793; 16 S. C., 312; 7 Rich. Eq., 360; 78 Me., 226; 132 Pa. St., 157; 26 S. C., 565. cites: 46 S. C., 435; Rev. Stat., 2089; 25 S. C., 493; 17 S. C., 551; 1 McC. Eq., 77; 23 S. C., 232; 1 DeS., 156; 35 S. C., 335; 7 Rich Eq., 109.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

This is an action for the recovery of possession of land, and involves the construction of the second clause of the will of Mrs. Eliza H. Mims, under whom all parties claim. The clause in question is as follows: “Second. I give and bequeath to my children, namely, Elizabeth Edison Mims, Isabella Virginia Mims, Ada Claudia Mims, Mary Ann Mims, Amelia Mims, and William Thomas Mims, in trust for the issue of their bodies, the tract of land on which I live, with all its members and appurtenances, and also all the rest and residue of my…

2Cited by3 opinions

  1. Wright v. HillSupreme Court of Georgia · 1913
  2. Folk v. HughesSupreme Court of South Carolina · 1915
  3. Black v. HarmanSupreme Court of South Carolina · 1923

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