Legal Opinion

Ex Parte Tillman

Supreme Court of South Carolina

Decided February 15, 1910No. 7433PublishedCited by 16 opinions

Petition in the original jurisdiction of this Court by Lucy Dugas Tillman against B. R. Tillman and his wife Sarah S., in re the custody of Douschka Pickens Tillman and Sarah Stark Tillman, children of petitioner and B. R. Tillman, Jr. Mr. Simkins, cites: Degree of restraint necessary to authorise the writ: Hurd on Habeas Corpus, 453 ; 15 Ency., 150, 185; 72 S. C., 23. The deed in question is a nullity at present and takes effect at death of grantor: Act 12, Chas. II; Ga.

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Petition in the original jurisdiction of this Court by Lucy Dugas Tillman against B. R. Tillman and his wife Sarah S., in re the custody of Douschka Pickens Tillman and Sarah Stark Tillman, children of petitioner and B. R. Tillman, Jr. Mr. Simkins, cites: Degree of restraint necessary to authorise the writ: Hurd on Habeas Corpus, 453 ; 15 Ency., 150, 185; 72 S. C., 23. The deed in question is a nullity at present and takes effect at death of grantor: Act 12, Chas. II; Ga. Stat., 1882, 2058; 19 Stat, 791; Code, 1902, 2689'; 2690; 54 S. C., 388; 21 Ency., 15; Reeves Dorm. Rel., 390; 12 N. H.,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

Mrs. Lucy Dugas Tillman, the mother of the infants, Douschka Pickens Tillman and Sarah Stark Tillman, filed her petition in this Court on the 24th day of January, 1910, praying that a writ of habeas corpus be issued to the end that her children be released from the alleged unlawful restraint of the respondents, Hon. Benjamin R. Tillman and his wife, Mrs. S. S. Tillman, and that they be turned over to her custody, care and training. The petitioner alleges her marriage with B. R. Tillman, Jr., the son of respondents, the birth of the…

2Cases cited6 opinions

  1. Allgeyer v. LouisianaSupreme Court of the United States · 1897
  2. Turpin v. LemonSupreme Court of the United States · 1902
  3. Ex Parte DavidgeSupreme Court of South Carolina · 1905
  4. Ex Parte ReynoldsSupreme Court of South Carolina · 1906
  5. Brown v. RobertsonSupreme Court of South Carolina · 1907

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Machado v. MachadoSupreme Court of South Carolina · 1951
  2. Koon v. KoonSupreme Court of South Carolina · 1943
  3. Cook v. CobbSupreme Court of South Carolina · 1978
  4. State v. GossettSupreme Court of South Carolina · 1921
  5. State Ex Rel. Eckroth v. BorgeNorth Dakota Supreme Court · 1939

11 more not listed; retrieve them via the Exa API.

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