Byrd v. O'Neal
Supreme Court of South Carolina
Before Spain, J., Darlington, December, 1915. Action by Harriet Ford Byrd and others against George O’Neal and others. From a judgment reversing the findings of master in favor of the plaintiffs, and dismissing the complaint, plaintiffs appeal. cite: As to laches: 94 S. C. 361; 43 S. C. 436; 5‘ Pom. .Eq. Juris. 33; 34 Cyc. 964; 35 U. S. D. Ed. 1063; 85 Fed.’517; 71 Fed. 618; 91 Fed. 191; 58 Fed. 297; 105 Am. St. Rep. 400; 101 Am. St. Rep. 38; 65’Am.
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Before Spain, J., Darlington, December, 1915. Action by Harriet Ford Byrd and others against George O’Neal and others. From a judgment reversing the findings of master in favor of the plaintiffs, and dismissing the complaint, plaintiffs appeal. cite: As to laches: 94 S. C. 361; 43 S. C. 436; 5‘ Pom. .Eq. Juris. 33; 34 Cyc. 964; 35 U. S. D. Ed. 1063; 85 Fed.’517; 71 Fed. 618; 91 Fed. 191; 58 Fed. 297; 105 Am. St. Rep. 400; 101 Am. St. Rep. 38; 65’Am. St. Rep. 504; 25 U. S. R. Ed. 52. Estoppel: 93 S. C. 397; 48 R. R. A. (N. S.) 759. Construction of contract: 37 S. C. 309; 98 S. C. 239; 8 R. C.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
In 1859, Evander Byrd, Jr., married a daughter of Griffin O’Nails. Mr. Byrd and his wife lived for a time with Mr. O’Nails. In 1860, Mr. O’Nails bought a tract of land near him and sold a part to his son-in-law, Byrd. -Byrd moved on the land, built .houses, cleared it up, and planted it to the time of his death in 1914. Before he died, Mr. Byrd made his will disposing of the land, but only two witnesses signed as witnesses and the will failed. The heirs of Mr. Byrd brought suit for partition and one tract was ordered to be sold. When…
2Cases cited3 opinions
- Babb v. SullivanSupreme Court of South Carolina · 1895
- Cook v. KnightSupreme Court of South Carolina · 1917
- Jones v. KellySupreme Court of South Carolina · 1913
3Cited by3 opinions
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- Sims v. Camp Creek School Dist.Supreme Court of South Carolina · 1920
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