Legal Opinion

Ex Parte Qualls

Supreme Court of South Carolina

Decided March 14, 1905PublishedCited by 5 opinions

Before Gary, J., Charleston, Rule to show cause by Molly Qualls against John Capers, in re James Hopkinson et al. against Amory Coffin et al. From order dismissing rule, petitioner appeals. cite: Petitioner and respondent are both pai'ties to the suit: Rorer on Jud. Sales, par. 148; 18 S. C., 501; 37 S. E. R., 889; 1 Bart. Chan. Pr., 170; 13 S-. C., 174. Court having jurisdiction of parties and subject matter could try the issues: Rorer on Jud.

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Before Gary, J., Charleston, Rule to show cause by Molly Qualls against John Capers, in re James Hopkinson et al. against Amory Coffin et al. From order dismissing rule, petitioner appeals. cite: Petitioner and respondent are both pai'ties to the suit: Rorer on Jud. Sales, par. 148; 18 S. C., 501; 37 S. E. R., 889; 1 Bart. Chan. Pr., 170; 13 S-. C., 174. Court having jurisdiction of parties and subject matter could try the issues: Rorer on Jud. Sales, sec. 830; 53 S. C., 189; 17 Ency., 1014; 18 S, C., 501; 48 S. C, 385; 31 S. C., 171. Contested facts may hasve been referred: 30' S. C., 837.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Pope.

The following statement is derived from the appellant’s brief:

“This suit of Hopkinson et al. against Coffin et al., commenced in December, 1874, was brought for the purpose of selling (the proceeds of sale to< be reinvested) a plantation on John’s Island, of about 664 acres, owned by parties to the suit, under the will of the late Wm. Seabrook. The cause was referred to Isaac Hayne, Esq., as referee. On the coming in of his report, which was confirmed, the Court by decree in December, 1875, authorized the plaintiff, Caroline…

2Cases cited4 opinions

  1. Jones v. Bibb Brick Co.Supreme Court of Georgia · 1904
  2. McLaurin v. HodgesSupreme Court of South Carolina · 1895
  3. Murchison v. MillerSupreme Court of South Carolina · 1902
  4. Greenville v. Ormand & GoforthSupreme Court of South Carolina · 1895

3Cited by5 opinions

  1. Parrott v. DicksonSupreme Court of South Carolina · 1929
  2. Harrington v. BlackstonCourt of Appeals of South Carolina · 1993
  3. Ex Parte Patterson, Blatt v. BlountSupreme Court of South Carolina · 1922
  4. Lanham v. JenningsSupreme Court of South Carolina · 1922
  5. Blatt v. BlountSupreme Court of South Carolina · 1922

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