Kean v. Landrum
Supreme Court of South Carolina
Before Purdy, J., Edgefield, November term, 1904. Action by May Belle Kean against Elizabeth R. Landrum et al., as executrices of Emily G. Budwell. From Circuit judgment, defendants appeal. cite: As to nonsuit: 69 S. C., 545; 15 Cyc., 253; McM. Eq., 12; 21 S. C., 400; 3 Ency., 912, 931; 1 S. E-, 852; 18 Law. Ed. (U. S.), 739; 23 Law. Ed.
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Before Purdy, J., Edgefield, November term, 1904. Action by May Belle Kean against Elizabeth R. Landrum et al., as executrices of Emily G. Budwell. From Circuit judgment, defendants appeal. cite: As to nonsuit: 69 S. C., 545; 15 Cyc., 253; McM. Eq., 12; 21 S. C., 400; 3 Ency., 912, 931; 1 S. E-, 852; 18 Law. Ed. (U. S.), 739; 23 Law. Ed. (U. S.), 802; 4 Blackf., 515; 21 S. C., 461; 28 S. C., 62. Party receiving benetits under contract should return them before suit commenced: 56 S. C.. 511; 58 S. C., 488; 30 L. R. A., 44; 10 Ohio', 142; 102 U. S„ 79; 1 Met., 547; 15 Mass., 39; 20 Ark., 438; 5…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The facts in this case were complicated, the evidence contradictory, and the questions submitted to the jury must have been difficult of solution. The foundation of the action was the allegation that Mrs. Emily G. Budwell, defendant’s testator, bought for the plaintiff a tract of land from Mrs. Mims, and agreed with plaintiff, through her agent, John M. Bell, to convey the land to1 her on receiving from plaintiff the money expended in the purchase, with interest; that the purchase money with interest was paid, part to Mrs. Budwell and…
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