Legal Opinion

Rawls v. Johns

Supreme Court of South Carolina

Decided March 20, 1899PublishedCited by 7 opinions

Before Gary, J., Aiken, October, 1897. Actions for possession of real estate by Eva P. Rawls et al., v. C. H. Johns and Richard Newman. From judgments for plaintiffs, defendant in both cases appeals. The pozver of appointment in the trust deed was not executed as directed in the marriage settlement: 14 S. C., 539; 3 DeS., 417; 6 S. C., 198; 30 Am. Dec., 232; 39 Am.

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Before Gary, J., Aiken, October, 1897. Actions for possession of real estate by Eva P. Rawls et al., v. C. H. Johns and Richard Newman. From judgments for plaintiffs, defendant in both cases appeals. The pozver of appointment in the trust deed was not executed as directed in the marriage settlement: 14 S. C., 539; 3 DeS., 417; 6 S. C., 198; 30 Am. Dec., 232; 39 Am. Dec., 63. Defendants may stand on as many titles as they set up: 1 Bay, 474; 7 S. C., 144. If the trust deed were good then an adverse holding to the trustee would bar the beneficiaries: 25 S.C., 519; 4 Rich. Eq., 60; 16 S. C.,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Pope.

The two above named cases were heard together in the Circuit Court, and in this Court. In the first, ten acres of land were sued for, and in the second, twenty acres of land were sued for. All of the circumstances surrounding each case were the same, verdicts were rendered in favor of the plaintiffs-in each case, and after judgment, each defendant has appealed on precisely the *396same grounds. So. therefore, in disposing of these grounds of appeal, we will understand that our remarks cover both appeals. There are no contested facts here;…

2Cited by7 opinions

  1. Kirton v. HowardSupreme Court of South Carolina · 1926
  2. Folk v. HughesSupreme Court of South Carolina · 1915
  3. Breeden v. MooreSupreme Court of South Carolina · 1909
  4. Mitchell v. ClevelandSupreme Court of South Carolina · 1907
  5. Bolt v. SullivanSupreme Court of South Carolina · 1934

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