Colclough v. Briggs
Supreme Court of South Carolina
Before SeasE, J., Manning, October, 1913. Action by S. M. Colclough against A. J. Briggs, R. B. Smyth, Mike Powell and E. A. Smyth, as executors of the will of R. R. Briggs, deceased. Erom judgment for plaintiff, defendants appeal. The facts'are stated in the following opinion.
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Before SeasE, J., Manning, October, 1913. Action by S. M. Colclough against A. J. Briggs, R. B. Smyth, Mike Powell and E. A. Smyth, as executors of the will of R. R. Briggs, deceased. Erom judgment for plaintiff, defendants appeal. The facts'are stated in the following opinion. The granting and warranty clauses in the deed from E. M. Briggs and R. R. Briggs, trustee, were as follows: “Have granted, bargained, sold and released, and by these presents do grant, bargain, sell and release unto the said S. M. Colclough all that lot, piece or parcel of land, situate, lying and being on the east…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chiee Justice Gary.
This is an action for the recovery of damages alleged to have been sustained by the plaintiff, on account of a breach of the warranty contained in a deed described in the complaint herein, which will be found in the report of this case on a former appeal in 95 S. C. 4, 78 S. E. 530.
The facts are thus stated in the decree of his Honor, the presiding Judge:
“This action was heard by me in open Court on the pleadings, the record in the cause, and the testimony offered in evidence, a jury being waived by all parties to the action.
It…
2Cases cited3 opinions
- Cureton v. South Bound R. R.Supreme Court of South Carolina · 1901
- Northwestern Railroad v. ColcloughSupreme Court of South Carolina · 1911
- Colclough v. BriggsSupreme Court of South Carolina · 1913
3Cited by2 opinions
- Atlantic Coast Line R. Co. v. LittleSupreme Court of South Carolina · 1940
- Deason v. Southern Railway CompanySupreme Court of South Carolina · 1927