Legal Opinion

Hutchison v. Fuller

Supreme Court of South Carolina

Decided July 29, 1903PublishedCited by 6 opinions

Before Jas. P. Carey, special Judge, Laurens, December, 1902. Action by J. C. Hutchison against Mamie E. Fuller and V. L. Nelson and children of S. T. Fuller and Bessie C. Hutchison.

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Before Jas. P. Carey, special Judge, Laurens, December, 1902. Action by J. C. Hutchison against Mamie E. Fuller and V. L. Nelson and children of S. T. Fuller and Bessie C. Hutchison. From Circuit decree, plaintiff and defendant, Bessie C. Hutchison, appeal. cite -..There was no merger: 17 S. C., 499; 57 S. C., 185. If vendor cannot convey, he holds as bailee: 22 Fncy., 924; 27 Fncy., 6;'Perry on Trusts, sec. 1292. They should be required to permit them foreclosed: 88 N. C., 287; 22 Fncy., 945; 2 Rich., 361; 22 Pick., 485. Mistake of law is relievable: 2 Bail., 623; 2 McC. Ch., 463; 1 Hill…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.-

The plaintiff, J. C. Hutchison, was the owner of several mortgages executed by S. T. Fuller and Mrs. Virginia L. Nelson, covering a tract of land of 338 acres, in which they held equal interests as tenants in common. He also held a mortgage on two mules given by the same parties. S. T. Fuller died in March, 1902, intestate, leaving as his heirs, his widow, Mamie E. Fuller, and his infant children, Lidie Inez Fuller, Lena E. Fuller and Neva E. Fuller. Immediately after his death, W. L. Teague, the brother of Mrs. Fuller, invited the…

2Cases cited2 opinions

  1. Roundtree v. RoundtreeSupreme Court of South Carolina · 1887
  2. State ex rel. National Bank v. BoydSupreme Court of South Carolina · 1892

3Cited by6 opinions

  1. Livingstain v. Columbian Banking & Trust Co.Supreme Court of South Carolina · 1907
  2. Turner v. Washington Realty Co.Supreme Court of South Carolina · 1924
  3. Cook v. Commercial Casualty Ins.Court of Appeals for the Fourth Circuit · 1947
  4. Austin v. HunterSupreme Court of South Carolina · 1910
  5. Coleman v. ColemanSupreme Court of South Carolina · 1906

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