Legal Opinion

Dick v. Harby

Supreme Court of South Carolina

Decided March 20, 1897PublishedCited by 3 opinions

Before Buchanan, J., Sumter, Action by William Edward Dick against Adeline W. Harby, for specific performance of a contract for purchase of a tract of land. The Circuit decree is as follows: A case agreed between the parties above named, without action, dated the 1st day of December, 1896, and duly verified, has been submitted to this Court, and the arguments of counsel thereon have been duly heard.

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Before Buchanan, J., Sumter, Action by William Edward Dick against Adeline W. Harby, for specific performance of a contract for purchase of a tract of land. The Circuit decree is as follows: A case agreed between the parties above named, without action, dated the 1st day of December, 1896, and duly verified, has been submitted to this Court, and the arguments of counsel thereon have been duly heard. The first question submitted to the Court is, as to the authority of the sole surviving executor, Gabriel Wesley Bradford, to exercise the power of sale conferred under the eleventh clause of…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Pope.

Judge Buchanan heard a controversy without action in the Court of Common Pleas for Sumter County, in this State, on the 1st day of December, -1896. The object of the action was to compel the defendant to take the title, to the land described hereinafter, tendered to the defendant by the plaintiff, and which title the defendant had declined to take, because she alleged it was not a good marketable title. The following agreement sets out the facts to be used at the hearing: “On the 20th day of November, 1896, the plaintiff and the…

2Cited by3 opinions

  1. Singleton v. CuttinoSupreme Court of South Carolina · 1916
  2. Andrews v. United States Fidelity & Guaranty Co.Supreme Court of South Carolina · 1930
  3. Rice v. ColemanSupreme Court of South Carolina · 1910

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