Central National Bank v. Duncan
Supreme Court of South Carolina
Action by Central National Bank against T. C. Duncan and others, on the following pleadings: “The plaintiff complaining, alleges: “1. That the plaintiff is, and was at the times hereinafter mentioned, a corporation duly chartered, organized and doing business under and by virtue of the laws of the United States of America. “2. That the defendants, D. D. Bishop and O. D. Johnson, are partners, trading under the firm- name of D. D. Bishop & Company.
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Action by Central National Bank against T. C. Duncan and others, on the following pleadings: “The plaintiff complaining, alleges: “1. That the plaintiff is, and was at the times hereinafter mentioned, a corporation duly chartered, organized and doing business under and by virtue of the laws of the United States of America. “2. That the defendants, D. D. Bishop and O. D. Johnson, are partners, trading under the firm- name of D. D. Bishop & Company. “3. That the defendants., T. C. Duncan, W. W. Duncan and Madora R. Duncan, were at the times hereinafter mentioned, owners of a lot or parcel of…
1ConcurrenceJustice Wood
I concur in the conclusion stated by Mr. Justice Gary. The plaintiff seeks first, the recovery of the possession of the lot described in the lease, under the allegations that after the lease was executed, the changes made by the plaintiff, giving it the right to remove the bank fixtures at the termination of the lease, were acquiesced in and ratified by those defendants who were parties thereto. This, if true, would make the lease, as corrected by the plaintiff, binding on all parties. Therefore, if the plaintiff proves this allegation it will be entitled to recover the land and hold it under…
2Cases cited1 opinion
- Lipscomb v. LittlejohnSupreme Court of South Carolina · 1902