Singleton v. Cuttino
Supreme Court of South Carolina
Before Mauldin, J., Sumter, August, 1915. Action by Anna H. Singleton against D. W. Cuttino. Decree for defendant, and plaintiff appeals. submit: It is not necessary- for the plaintiff to show a perfect title, but only a good and marketable one: 24 S. C. 483; 48 S. C. 282; 59 S. C. 342, 350. The-surviving executor, G. W. Bradford, had full power to sell and convey the land to the plaintiff, and that his deed to her was a valid execution of this power: 14 S. C. 538; 16 S. C.…
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Before Mauldin, J., Sumter, August, 1915. Action by Anna H. Singleton against D. W. Cuttino. Decree for defendant, and plaintiff appeals. submit: It is not necessary- for the plaintiff to show a perfect title, but only a good and marketable one: 24 S. C. 483; 48 S. C. 282; 59 S. C. 342, 350. The-surviving executor, G. W. Bradford, had full power to sell and convey the land to the plaintiff, and that his deed to her was a valid execution of this power: 14 S. C. 538; 16 S. C. 557; 48 S. C. 520; 80 S. C. 460; 89 S. C. 198. Trust survived: 2 Rich. Eq. 412; 48 S. C. 516; 61 S. C. 243 and 534.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. ChiEE Justice Gary.
This action was commenced on.the 17th day of January, 1914, for specific performance. On the 1st day of September, 1911, the plaintiff gave to the defendant, in writing, the option of purchasing the lands described in the complaint within 90 days. , On the 21st day of November, 1911, the defendant sent to the plaintiff the following acceptance of the option:
“Mrs. Anna H. Singleton, City — Dear Madam: I hereby notify you that I accept the option given me by you, my deed dated 1st September, 1911, to purchase the tract of…
2Cases cited2 opinions
- Thompson v. Security Trust & Life Ins.Supreme Court of South Carolina · 1902
- Dick v. HarbySupreme Court of South Carolina · 1897
3Cited by5 opinions
- Deering Milliken Research Corp. v. Textured Fibres, Inc.District Court, D. South Carolina · 1970
- Lane v. New York Life Ins. Co.Supreme Court of South Carolina · 1928
- Andrews v. United States Fidelity & Guaranty Co.Supreme Court of South Carolina · 1930
- Levan v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1927
- Stanton v. Equitable Life Assurance SocietySupreme Court of South Carolina · 1926