Jarrot v. Kuker
Supreme Court of South Carolina
Before Purdy, J., Florence, Action by C. E. Jarrot, as trustee, Emma E. Jarrot et al. against John Kuker. From judgment for plaintiffs, defendant appeals. Mr. Shipp cites: The agreement is against public policy and should not be enforced: 68 S. C., 250; 43 S. C., 318. No resulting trust here: 19 S. C., 126; 27 S. C., 1. Nor a corustructive trust ex maleficio: 31 S. C., 60; 1 Rich., 98; 3 Rich. Eq., 424. Rule as to chilling bidding: 2 Rich. Eq., 177; Pom. Eq.
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Before Purdy, J., Florence, Action by C. E. Jarrot, as trustee, Emma E. Jarrot et al. against John Kuker. From judgment for plaintiffs, defendant appeals. Mr. Shipp cites: The agreement is against public policy and should not be enforced: 68 S. C., 250; 43 S. C., 318. No resulting trust here: 19 S. C., 126; 27 S. C., 1. Nor a corustructive trust ex maleficio: 31 S. C., 60; 1 Rich., 98; 3 Rich. Eq., 424. Rule as to chilling bidding: 2 Rich. Eq., 177; Pom. Eq. Jur., secs. 1055, 1056; 6 Rich. Eq., 347; 62 Ala., 579; 9 E. R. A., 287. cites : The evidence shows no trust relations: 17 Cyc, 771,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This is an action by plaintiffs to have a trust declared in their favor in twelve lots of land, described in the complaint, which were sold at a judicial sale at Florence, S. C., on the first Monday in November, 1897, to defendant, for the sum' of $391.00.
It appears that at the time of the sale the title to the lots was in the plaintiff C. E. Jarrot, as trustee for his wife, Emma E. Jarrot, for life, and after 'her death for their children. By written request of the life tenant, the trustee had power of sale for reinvestment. Several…
2Cited by5 opinions
- McNinch v. . Trust Co.Supreme Court of North Carolina · 1922
- Searson v. WebbSupreme Court of South Carolina · 1946
- McNinch v. American Trust Co.Supreme Court of North Carolina · 1922
- Gardner v. NashSupreme Court of South Carolina · 1954
- Scott v. NewellSupreme Court of South Carolina · 1928