Dinkins v. Simons
Supreme Court of South Carolina
Before Gagr, J., Action by John D. Dinkins, as executor of A. H. Dinkins, deceased, against W. J. Simons, as committee of Robert J. Palmer, a lunatic, and others. Prom a judgment for plaintiff, defendants appeal.
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Before Gagr, J., Action by John D. Dinkins, as executor of A. H. Dinkins, deceased, against W. J. Simons, as committee of Robert J. Palmer, a lunatic, and others. Prom a judgment for plaintiff, defendants appeal. Dinkins never acquired -equitable title: 32 S. C. 57. The contract lacked the essentials of a mortgage: 78 S. C. 181; 31 S. C. 280-281; 55-S. C. 70-71; 61 S. C. 579; 82 S. C. 558. Specific performance not of right: 53 S. C. 572; 70 S. C. 351; 79 S. C. 143. Objection to testimony of interested party): 47 S. C. 292; 28 S. C. 73; 64 S. C. 293; 89 S. C. 350. Receipts insufficient to show…
1DissentJustice Hydrick
The plaintiff states his cause of action in his complaint as follows:(1) “That on the 7th day of February, 1903, Robert J. Palmer and Ainsley H. Dinkins entered into an agreement under seal whereby the said Robert J. Palmer leased to said Ainsley PI. Dinkins all that piece, parcel and tract of land (describing it), being the same land conveyed by said Ainsley PI. Dinkins to' said Robert J. Palmer by deed dated February 6, 1903, and recorded in clerk’s office, Richland county, in Deed Book API, p. 222; that the said agreement provided that the said lease should continue from year to year for…
2Cases cited8 opinions
- Brown v. Bank of SumterSupreme Court of South Carolina · 1899
- Sims v. SteadmanSupreme Court of South Carolina · 1902
- Williams v. McManusSupreme Court of South Carolina · 1912
- Creswell v. SmithSupreme Court of South Carolina · 1901
- Francis v. FrancisSupreme Court of South Carolina · 1907
3 more not listed; retrieve them via the Exa API.