Barnes v. Leevy
Supreme Court of South Carolina
Before Memminger, J., Kershaw, Spring term, 1918. Action by Henry C. Barnes and others against Mary Leevy and others. From an order sustaining demurrers to the complaint, plaintiffs appeal. cite: As to right of contingent remaindermen to maintain action for an injunction against future waste of property, and for an accounting for waste already committed: 25 S. C. 162; Pomeroy’s Equity Jurisprudence, vol. V, p. 815; 1 S. C. 179; Rewin on Trusts, 728; 8 Rich.
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Before Memminger, J., Kershaw, Spring term, 1918. Action by Henry C. Barnes and others against Mary Leevy and others. From an order sustaining demurrers to the complaint, plaintiffs appeal. cite: As to right of contingent remaindermen to maintain action for an injunction against future waste of property, and for an accounting for waste already committed: 25 S. C. 162; Pomeroy’s Equity Jurisprudence, vol. V, p. 815; 1 S. C. 179; Rewin on Trusts, 728; 8 Rich. Eq. 269; 9 Rich. 184 (note); 113 Ga. 762; 39 S. E. 339; 36 Ga. 97; 18 Ga. 545; 53 Ga. 226; 78 S. E. 447. This is not a collateral attack…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
George Stafford died leaving his will, wherein he devised a tract of land to his daughter, Sarah Cook, for life, with remainder to his granddaughter, Sarah Cook, for life, with remainder over “to the children of my said granddaughter who may be living at the time of her decease, to them and 'their heirs forever.” The granddaughter, Sarah Cook, married George W. Barnes. Mr. and Mrs. Barnes, seeking to increase their income from this land, applied to the Court for permission to mortgage this land in the sum of $3,000. To this…
2Cases cited5 opinions
- Davis v. DavisSupreme Court of Georgia · 1912
- Life Insurance Co. v. MobleySupreme Court of South Carolina · 1912
- Vashon v. BarrettSupreme Court of Virginia · 1901
- Barfield v. BarnesSupreme Court of South Carolina · 1917
- Kaylor v. HillerSupreme Court of South Carolina · 1907
3Cited by5 opinions
- Scott v. NewellSupreme Court of South Carolina · 1928
- Tolbert v. RoarkSupreme Court of South Carolina · 1923
- Ferguson v. ConnellSupreme Court of Iowa · 1930
- Fouche v. Royal Indemnity Co. of New YorkSupreme Court of South Carolina · 1950
- Baker v. BrewerSupreme Court of South Carolina · 1924