Timmons v. Boyd
Supreme Court of South Carolina
Before MemmingBr, J., Williamsburg, June, 1910. Action by Mary J. S. Timmons et al. against M. L. Boyd et al. Plaintiffs appeal. cite: Withdrawal of answer is sufficient consideration for agreement to convey: 9 Cyc. 311, 315; 12 L. R. A. 463, 465; 5 Pet. 99; Par. on Con. 440, 444; 2 Kent. Com. 465; 2 Am. St. R. 317; 5 Am. St. R. 401; 9 Am. St. R. 422; 3 Hill 41. Plaintiff may maintain the action: 20 Ency.
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Before MemmingBr, J., Williamsburg, June, 1910. Action by Mary J. S. Timmons et al. against M. L. Boyd et al. Plaintiffs appeal. cite: Withdrawal of answer is sufficient consideration for agreement to convey: 9 Cyc. 311, 315; 12 L. R. A. 463, 465; 5 Pet. 99; Par. on Con. 440, 444; 2 Kent. Com. 465; 2 Am. St. R. 317; 5 Am. St. R. 401; 9 Am. St. R. 422; 3 Hill 41. Plaintiff may maintain the action: 20 Ency. P. & P. 425; Dud. 332; 31 S. C. 87; 1 Rich. 270. This claim is not stale: 16 Cyc. 174; 1 How. 56; 4 L. R. A. 434; 129 U. S. 730; 3 Jones Eq. 84; 3 Paige 466; 22 Ency. 1059, 1060, 606; 7…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This appeal is from an order sustaining a demurrer to the complaint herein, which, omitting unnecessary details, alleges: That S. B. Green died, in 1882, seized of a certain tract of land in Williamsburg, containing 1,300 acres; that judgment had been rendered against him in the Court of Common Pleas for said county, in 1867, in favor of Sarah A. Steele for $285; that D. Z. Martin became the owner of said judgment, and, in 1885, caused a summons to be issued out of said Court, directed to the heirs of S. B. Green, requiring them to…
2Cases cited1 opinion
- Harris v. Railroad Co.Supreme Court of South Carolina · 1889
3Cited by1 opinion
- Graham, Receiver v. BerrySupreme Court of South Carolina · 1932