McAulay v. McAulay
Supreme Court of South Carolina
Before MemmingI;r, J., Abbeville, Action by Ressa G. McAulay against Minna M. McAulay, in her own right and as executrix. Plaintiff appeals. cites: Case not within statute of frauds: 3 Dess. Eq. 514; 57 S. C. 576; 36 S. E. 780. Defendant is estopped from setting up the defenses interposed: 9 A. & E. Ann.
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Before MemmingI;r, J., Abbeville, Action by Ressa G. McAulay against Minna M. McAulay, in her own right and as executrix. Plaintiff appeals. cites: Case not within statute of frauds: 3 Dess. Eq. 514; 57 S. C. 576; 36 S. E. 780. Defendant is estopped from setting up the defenses interposed: 9 A. & E. Ann. Cas. 953; 21 S. E. 755; 48 S. C. 267; 50 S. C. 459; 57 S. C. 125; 100 U. S. 578; 16 Cyc. 722. cite: Promise to provide was not a consideration of the marriage: 22 S. C. 473; 25 At. 877; 22 S. W. 557. Previous offer of marriage having been refused, plaintiff must rely on what occurred just…
1Opinion of the Court
October 29, 1913. The opinion of the Court was delivered by This is an action to set aside a deed and will for fraud and to establish a contract. The following statement appears in the Circuit decree:
"From the pleadings and testimony herein it appears that Mr. McAuley, an aged widower of Due West, South Carolina, with one daughter and considerable property which had come to him from her mother, his deceased wife, became enamoured of a Virginia widow, relict of a deceased minister of the gospel. The Virginia widow had also some property of her own and a small pension from the church. They…
2Cases cited2 opinions
- State v. Virginia-Carolina Chemical Co.Supreme Court of South Carolina · 1905
- Brooks v. McMeekinSupreme Court of South Carolina · 1892
3Cited by4 opinions
- Dicks v. CasselsSupreme Court of South Carolina · 1915
- Watson v. CoxSupreme Court of South Carolina · 1921
- Gurley v. MILLS MILLSupreme Court of South Carolina · 1954
- Brown v. GolightlySupreme Court of South Carolina · 1917