Legal Opinion

Dunlap v. Robinson

Supreme Court of South Carolina

Decided April 25, 1914No. 8791PublishedCited by 2 opinions

Before Gary, Ernest, J., Action by Joseph J. Dunlap and others against Mittie R. Robinson and others for recovery of possession of real estate. From judgment on verdict for defendants, the plaintiffs appeal.

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Before Gary, Ernest, J., Action by Joseph J. Dunlap and others against Mittie R. Robinson and others for recovery of possession of real estate. From judgment on verdict for defendants, the plaintiffs appeal. The plaintiffs’ exceptions were as follows: 1. That his Honor erred in charging the jury as follows: “The defendant, Mittie Rebecca, says it is mine, because I have two wills of the daughters of R. D. Dunlap'. My mother and my aunt were his daughters, and they willed it to me. These plaintiffs say he deeded it to my father. Now, there is the common source, you see, both claiming from R.…

1Opinion of the Court

The oninion of the Court was delivered by

Mr. Chief Justice Gary.

This is the second appeal herein — the first being reported in 87 S. C. 577, 70 S. E. 313, where a general statement of the facts will be found.

The second trial resulted in a verdict in favor of the defendants, and the plaintiffs appealed upon exceptions which will be reported.

Upon hearing the motion for a new trial, his Honor, the presiding Judge, made the following order:

“The issues of fact in this case were submitted to a jury on the 27th day of February, 1912. After deliberating for several hours, the jury returned a verdict…

2Cases cited1 opinion

  1. State v. RhodesSupreme Court of South Carolina · 1895

3Cited by2 opinions

  1. Lawrence v. Southern Railway, Carolina Div.Supreme Court of South Carolina · 1933
  2. White v. Charleston & W. C. Ry. Co.Supreme Court of South Carolina · 1925

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