Devlin v. Devlin
Supreme Court of South Carolina
Before C. 'C. Feati-ierstonE, Special Judge, Abbeville, Fall ter-m, 1910. Action by W. P. Devlin, individually, and as administrator of Sallie M. Devlin et al. against R. Hillory Devlin, individually. and as administrator of Sallie M. Devlin et al. Defendant, R. H. Devlin, appeals.
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Before C. 'C. Feati-ierstonE, Special Judge, Abbeville, Fall ter-m, 1910. Action by W. P. Devlin, individually, and as administrator of Sallie M. Devlin et al. against R. Hillory Devlin, individually. and as administrator of Sallie M. Devlin et al. Defendant, R. H. Devlin, appeals. Mr. Graydon cites : L.azv does not presume fraud: 14 Ency. 190. No presumption of fraud: 85 S. C. 329. Contract being regular burden is o,n assailant: 44 S. C. 378; 10 S. C. 445. Mr. Greene cites: Burden of showing bona ñdes of deeds is on appellant: 82 S. C. 199; 2 Pom. Eq. Jur., secs. 955-9, 296; 4 Des. Ch. 684;…
1Opinion of the Court
The opinion of the Court was delivered by,
Mr. Justice Hydrick.
This action was brought for the partition of two tracts of land among the heirs of Sallie M. Devlin, and involves the validity of two deeds, alleged by the defendant, R. H. Devlin, to have been executed and delivered to him by Sallie M. Devlin, on 31st March, 1905, ten days before her death, which occurred 10th April, 1905, under which he claims to’ be the sole owner of both tracts. Plaintiffs allege that these deeds were never, in fact, executed and delivered; but if so, that they were obtained by fraud and undue influence…
2Cases cited3 opinions
- Way v. Union Central Life Ins.Supreme Court of South Carolina · 1901
- Tindal v. SublettSupreme Court of South Carolina · 1909
- Craddock v. WeekleySupreme Court of South Carolina · 1910
3Cited by13 opinions
- Nuckols v. NuckolsSupreme Court of Virginia · 1984
- Hodge v. SheaSupreme Court of South Carolina · 1969
- Humble Oil & Refining Company v. DeLoacheDistrict Court, D. South Carolina · 1969
- State v. GregorySupreme Court of South Carolina · 1924
- Harrison v. DunlapSupreme Court of South Carolina · 1914
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