Smith v. Linder
Supreme Court of South Carolina
Action by Nannie Smith and Edna Littlejohn, against R. E. Linder. From judgment for defendant, plaintiffs appeal. cite: Burden is on defendant to prove a statutory bar: 52 S. C., 367; 33 S. C., 303; 4 S. C., 257; 18 S. C., 531. Pacts constituting the fraud must have been actually discovered: 40 S. C., 443; 37 S. C., 374; 13 S. C., 384; 4 S. C., 257. Defendant bought ihe fee under pretext of buying the life estate, and against this the Courts will relieve: 20 Ency., 816, 818,…
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Action by Nannie Smith and Edna Littlejohn, against R. E. Linder. From judgment for defendant, plaintiffs appeal. cite: Burden is on defendant to prove a statutory bar: 52 S. C., 367; 33 S. C., 303; 4 S. C., 257; 18 S. C., 531. Pacts constituting the fraud must have been actually discovered: 40 S. C., 443; 37 S. C., 374; 13 S. C., 384; 4 S. C., 257. Defendant bought ihe fee under pretext of buying the life estate, and against this the Courts will relieve: 20 Ency., 816, 818, 819, 828, 713; 64 S. C., 273; 57 S. C., 417. Laches apply only where ihe statute would: 26 S. C., 186; 49 S. C.,-7; 55…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The plaintiffs seek equitable relief, on the ground that the defendant fraudulently induced their testatrix to execute a conveyance, in fee, of the land in dispute, while laboring under the mistaken belief that she was only conveying a life estate.
The allegations of the complaint are substantially as follows : That by the will of Robert Lipscomb, the said property was devised to his daughter, Mary Linder, and at her death to the heirs of her body; that there was born to her, prior to 1895, as the lawful heirs of her body, the…
2Cases cited5 opinions
- Brown v. BrownSupreme Court of South Carolina · 1895
- Bank of Charleston v. DowlingSupreme Court of South Carolina · 1898
- Garvin v. GarvinSupreme Court of South Carolina · 1894
- Toole v. JohnsonSupreme Court of South Carolina · 1901
- Harrell v. KeaSupreme Court of South Carolina · 1892
3Cited by6 opinions
- Burgess v. American Cancer Society, South Carolina Division, Inc.Court of Appeals of South Carolina · 1989
- Duncan v. Gaffney Mfg. Co.Supreme Court of South Carolina · 1949
- Page v. LewisSupreme Court of South Carolina · 1943
- Grayson v. Fidelity Life InsuranceSupreme Court of South Carolina · 1920
- Marthinson v. McCutchenSupreme Court of South Carolina · 1909
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