Legal Opinion

Gilliland v. Citadel Square Baptist Church

Supreme Court of South Carolina

Decided June 25, 1890PublishedCited by 3 opinions

Before Fraser, J., Charleston, March, 1890. The appeal was from the following decree : This is an action to enforce the specific performance of an agreement made by the defendant to purchase from the plaintiff a lot of land described in the complaint. The matter came up on a report and supplemental report of Master Sass. There is no dispute about the agreement and tender of title.

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Before Fraser, J., Charleston, March, 1890. The appeal was from the following decree : This is an action to enforce the specific performance of an agreement made by the defendant to purchase from the plaintiff a lot of land described in the complaint. The matter came up on a report and supplemental report of Master Sass. There is no dispute about the agreement and tender of title. The lot of land has once been granted by the State, but it does not appear that the plaintiff has connected himself with that title, unless it be by a title from the commissioners of the sinking fund, the lot of…

1Opinion of the Court

The opinion of the court was delivered by

Mil. Chibe Justice Simpson.

The plaintiff, appellant, contracted to sell to the defendant a certain lot of land, situate in the city of Charleston. The defendant not complying, the action below was instituted for specific performance of the contract. The defence set up was defective title in this : that the plaintiff claimed through a sale to the State at a delinquent land sale, after which, and by virtue of which, the sinking fund commission conveyed to one C. M. Robertson, who conveyed to the plaintiff, who contracted with the defendant. The main…

2Cited by3 opinions

  1. Brown v. HowsTennessee Supreme Court · 1931
  2. Grant v. HaynesSupreme Court of Louisiana · 1901
  3. Koth v. Pallachucola ClubSupreme Court of South Carolina · 1908

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