Mendenhall v. Mower
Supreme Court of South Carolina
Before Wallace, J., Newberry, May, 1880. This was an. action instituted in February, 1880, by James IL Mendenhall and his sister, Pauline Eliza Scott, against George S. Mower, trustee, Nancy Mayes, as administratrix of William G. Mayes, deceased, and all the children and heirs of deceased children of the plaintiffs.
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Before Wallace, J., Newberry, May, 1880. This was an. action instituted in February, 1880, by James IL Mendenhall and his sister, Pauline Eliza Scott, against George S. Mower, trustee, Nancy Mayes, as administratrix of William G. Mayes, deceased, and all the children and heirs of deceased children of the plaintiffs. The case called for the construction of the following instrument : “The State oe South Carolina. — I, John Belton O’Neall, having, on yesterday, purchased at the commissioner’s sale, the lands and mills, in Newberry district, known as Mendenhall’s, the said tract of land…
1Opinion of the Court
The opinion of the court was delivered by
Simpson, C. J.
In 1847, the property, real and personal, of Dr. Mendenhall, then of Newberry county, was sold at public sale, we suppose at the instance of his creditors. The Hon. John Belton O’Neall became the purchaser, paying part of the purchase-money in cash, and securing the remainder by his notes.
The object of Judge O’Neall in making the purchase was to befriend the family of his friend, Dr. Mendenhall, and, to this end, immediately after the sale, he executed an acknowledgment of trust embracing the entire property purchased, to wit, a large…
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