Legal Opinion

Fairy v. Kennedy

Supreme Court of South Carolina

Decided March 21, 1904PublishedCited by 5 opinions

Before J. E. McDonald, special Judge, Barnwell, September, 1903. Action by Julia B. Fairey et al. against W. H. Kennedy et al. From Circuit decree, defendants, W. H. Kennedy and A. M. Kennedy, appeal. cites: Parties should be left as Court found them: 43 S. C., 320; 25 S. C., 405; 9 Am. R., 531; 6 Rich.

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Before J. E. McDonald, special Judge, Barnwell, September, 1903. Action by Julia B. Fairey et al. against W. H. Kennedy et al. From Circuit decree, defendants, W. H. Kennedy and A. M. Kennedy, appeal. cites: Parties should be left as Court found them: 43 S. C., 320; 25 S. C., 405; 9 Am. R., 531; 6 Rich. Eq., 347. As to amendment after trial: Code of Proc., 194; 18 S. C., 305; 21 S. C., 221; 30 S. C., 564; 19 S. C., 567; 64 S. C., 493. cites: Acts of Kennedys, tend to defraud the owners: 1 DeS. Eq., 300; Rice Eq., 32; l'Rich. Eq., 91; 3 Rich. Eq., 429; 2 Rich. Eq., 296, 177; 13 S. C., 158;…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

A synopsis of the pleadings is necessary to a clear understanding of the issues involved in this cause.

The following are substantially the allegations of the complaint : Mrs. Elizabeth Wade 'executed a mortgage to the defendant, W. H. Kennedy, in 1886, and died intestate in 1896, leaving her husband and a number of .children as her heirs. The husband afterwards died, leaving the children as his heirs. Two daughters, Mrs. McCurley and Mrs. Nipson, died intestate after their mother, the first leaving as her heirs a husband and one minor…

2Cases cited4 opinions

  1. Whitmire v. BoydSupreme Court of South Carolina · 1898
  2. Interstate B. & L. Ass'n v. WatersSupreme Court of South Carolina · 1897
  3. Sheppard v. GreenSupreme Court of South Carolina · 1897
  4. Westlake v. FarrowSupreme Court of South Carolina · 1891

3Cited by5 opinions

  1. McNinch v. . Trust Co.Supreme Court of North Carolina · 1922
  2. McNinch v. American Trust Co.Supreme Court of North Carolina · 1922
  3. Kinkaid v. RossaSouth Dakota Supreme Court · 1913
  4. Gardner v. NashSupreme Court of South Carolina · 1954
  5. Daniel v. DanielCourt of Appeals of Kentucky · 1921

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