Legal Opinion

Fitzpatrick v. Wylie

Supreme Court of South Carolina

Decided March 8, 1907Published

Before Klugh, J., Lancaster, May 30, 1906. Action by Thomas M. Fitzpatrick and John H. Fitzpatrick against W. Gill Wylié, Bessie Mclnnis and Susan Melton. From Circuit decree, all parties appeal. cites, in support of his contention that James R. Massey took a fee simple in the lands, the adjudications in Jones v. Massey, 7 S. C., 134; 9 S. C., 376; 14 S. C., 292. for defendant Wylie, who is in like interest with plaintiff, make same citations. Mclnnis and Melton.

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Before Klugh, J., Lancaster, May 30, 1906. Action by Thomas M. Fitzpatrick and John H. Fitzpatrick against W. Gill Wylié, Bessie Mclnnis and Susan Melton. From Circuit decree, all parties appeal. cites, in support of his contention that James R. Massey took a fee simple in the lands, the adjudications in Jones v. Massey, 7 S. C., 134; 9 S. C., 376; 14 S. C., 292. for defendant Wylie, who is in like interest with plaintiff, make same citations. Mclnnis and Melton. The former cites': There is nothing in Jones v. Massey, 7 S. C., 134; 9 S. C., 376; 14 S. C., 292, giving James Massey a fee simple…

1Opinion of the Court

This opinion was filed January 10, but remittitur held up on petition for rehearing until

March 8, 1907. The opinion of the Court was delivered by Circuit Judge, acting Associate Justice, in place of MR. JUSTICE JONES, disqualified.

On the 11th day of May, 1905, the defendant, W. Gill Wylie, obtained from the plaintiffs, Thos. M. and John H. Fitzpatrick, a written option, whereby the plaintiffs, upon the consideration therein stated, agreed that said defendant should have the exclusive right and privilege to purchase a certain tract of land on the Catawba River, known as the "Massey Tract," at…

2Cases cited3 opinions

  1. Jones v. MasseySupreme Court of South Carolina · 1880
  2. Jones v. MasseySupreme Court of South Carolina · 1878
  3. Jones v. MasseySupreme Court of South Carolina · 1876

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