Legal Opinion

Coleman v. Whittle

Supreme Court of South Carolina

Decided February 27, 1908No. 6773PublishedCited by 1 opinion

Before Hydrick, J., Barnwell, Action by W. M Coleman -against J. D. 'Whittle. From order sustaining demurrer to- -answer, defendant appeals. cite: Wife may be estopped, by Her conduct: 10- Ency., 206; 4 N. Y., 94; 5 N. Y., 113-; 14 N. Y., 9; 96 Am. Dlec., 279; 2 Scribner on Dow., 269; 17 S'. C., 563; 2 Rich. Eq., 77.

1Opinion of the Court

The opinion of the Court was 'delivered by

Mr. Justice Jones.

The complaint in this action contained the usual allegations for foreclosure of a mortgage, securing a bond, executed by defendant to plaintiff on certain lands in Barnwell County. 'The answer, without denying any of the 'allegations of the complaint, allege that the land's in question were conveyed to defendant by plaintiff and that the bond and mortgage were given to secure the purchase money thereof, in pursuance, of a previous agreement made by the defendant through and by his wife, Mrs. Coleman, acting as his duly authorized…

2Cases cited1 opinion

  1. Lessly v. BowieSupreme Court of South Carolina · 1887

3Cited by1 opinion

  1. Pee Dee Naval Stores Co. v. HamerSupreme Court of South Carolina · 1912

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