Bethea v. Allen
Supreme Court of South Carolina
Before Memminger, J., Dillon, Action brought by Benjamin J. Bethea against J. Furman Allen for recovery of real estate. The instruments construed by the Court were in form as follows: “State of South Carolina, County of Marion.
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Before Memminger, J., Dillon, Action brought by Benjamin J. Bethea against J. Furman Allen for recovery of real estate. The instruments construed by the Court were in form as follows: “State of South Carolina, County of Marion. Know all men by these presents, that I, Elizabeth E. Henderson, for and in consideration of the natural love and affection I bear to my two sisters, Laura Jane Bethea and Maria L. Bethea, I give at my decease all the real and personal property that came to me from the estate of the late Parker Bethea and Elizabeth Bethea, his wife, and in case the said Laura Jane…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
On the first trial of this case on Circuit and on the first appeal to this Court (95 S. C. 479, 79 S. E. 639) the instruments executed by Elizabeth Elenderson, dated January 6, 1871, and April 10, 1872, both of which will be reported, were assumed to be and treated as a deed and mortgage, respectively, by all parties, by the Circuit Court and by this Court. There was no allegation or suggestion that either should have any other construction.
But, when a new trial was ordered by this Court, defendant obtained leave on Circuit to amend…
2Cases cited6 opinions
- Gadsden v. DesportesSupreme Court of South Carolina · 1893
- McKnight v. CooperSupreme Court of South Carolina · 1887
- Tumbleston v. RumpelSupreme Court of South Carolina · 1895
- Aultman v. UtseySupreme Court of South Carolina · 1894
- Bethea v. AllenSupreme Court of South Carolina · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Howard v. KirtonSupreme Court of South Carolina · 1928
- Daniel, Atty. Gen. v. Conestee MillsSupreme Court of South Carolina · 1937
- Reaves v. STONESupreme Court of South Carolina · 1957