Legal Opinion

First Presbyterian Church v. Elliott

Supreme Court of South Carolina

Decided February 20, 1903PublishedCited by 5 opinions

Before Klugh, J., Beaufort, January; 1902. Action by First Presbyterian Church of Beaufort against Mrs.’ Meta H. Elliott.

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Before Klugh, J., Beaufort, January; 1902. Action by First Presbyterian Church of Beaufort against Mrs.’ Meta H. Elliott. From judgment for defendant, plaintiff appeals. cite: Rules for construing charge: 59 S. C., 312; 15 S. C., 95; 50 S. C., 128; 28 S. C., 580; 12 S. C., Ill; 19 S. C., 91; 16 S. C., 575; 18 S. C., 232; 36 S. C., 187; 29 S. C.,161; 33 S. C., 139. What constitutes an estate on condition: 16 Gray, 322; 15 S. C., 132. They are odious: 15 S. C., 32; 12 N. Y., 131; 1 Kent. Com., 129. What is breach: 35 N. H., 115. Breach makes estate voidable: 15 S. C., 33; 16 Gray, 322. And may…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

This action was commenced by the First Presbyterian Church of Beaufort against Mrs. Meta H. Elliott, on February 5th, 1901, to recover possession of a lot of land in the town of Beaufort. The plaintiff claimed under a deed executed to it by Lizzie H. Judd and H. G. Judd, her trustee, in May, 1886. 'The defendant admitted that this deed carried a good title to plaintiff, subject to be defeated, however, by its failure to comply with conditions attached to the conveyance. These conditions are thus set forth in the deed: “And the said…

2Cases cited1 opinion

  1. Ruch v. Rock IslandSupreme Court of the United States · 1878

3Cited by5 opinions

  1. Sandel v. StateSupreme Court of South Carolina · 1920
  2. Purvis v. McElveenSupreme Court of South Carolina · 1959
  3. White v. BrittonSupreme Court of South Carolina · 1906
  4. First Baptist Church of Woodruff v. TurnerSupreme Court of South Carolina · 1966
  5. United States v. 2,086 Acres of Land, More or LessDistrict Court, W.D. South Carolina · 1986

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