Shumate v. Harbin
Supreme Court of South Carolina
Action by William T. Shumate against Gilly Harbin, B. D. Harbin, and Michael J. Roberts. The Circuit decree was as follows : This case came on to be heard before me at the regular July term, 1890, of the Court of Common Pleas for the County of Greenville aforesaid. The pleadings being read, the counsel for the defendant moved to dismiss the complaint, on the ground that it did not state facts sufficient to constitute a cause of action.
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Action by William T. Shumate against Gilly Harbin, B. D. Harbin, and Michael J. Roberts. The Circuit decree was as follows : This case came on to be heard before me at the regular July term, 1890, of the Court of Common Pleas for the County of Greenville aforesaid. The pleadings being read, the counsel for the defendant moved to dismiss the complaint, on the ground that it did not state facts sufficient to constitute a cause of action. I concluded to hear the whole case, reserving my judgment on this motion. The testimony was taken in open court. The plaintiff was examined and his testimony…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice Pope.
Mrs. Gilly Roberts, a widow, on the 5th
June, 1880, purchased a small lot, one-third of an acre, in the *526city of Greenville, from her own funds paid the purchase money, and had the title therefor made to her infant son, Michael J. Roberts, aged four years. The deed of conveyance was recorded in the office of the register of mesne conveyance on the day of its execution. At the time of its purchase, the lot was bare of improvements. In 1884 or 1885, the taxes being unpaid, one F. A. Schlapbach, a son-in-law of Mrs. Roberts, redeemed the…
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