Ex Parte City of Anderson v. Brown Bros
Supreme Court of South Carolina
Before Gage, J., Anderson, July, 1907. Petition by the City of Anderson et al., in re F. W. Wagener & Co. against Brown Brothers. From Circuit decree, Beulah Brown appeals. ■ statement of facts. This is an appeal from an order dissolving a temporary-injunction against the sale of one-half interest in the tract of land containing twenty-seven acres, formerly belonging to G. Ernest Brown.
Read the full summary
Before Gage, J., Anderson, July, 1907. Petition by the City of Anderson et al., in re F. W. Wagener & Co. against Brown Brothers. From Circuit decree, Beulah Brown appeals. ■ statement of facts. This is an appeal from an order dissolving a temporary-injunction against the sale of one-half interest in the tract of land containing twenty-seven acres, formerly belonging to G. Ernest Brown. The facts are thus stated in the decree of his Honor, the Circuit Judge: “F. W. Wagener & Co. secured a judgment against Brown Bros., 24th June, 1897, and were proceeding in June, 1907, to enforce the same by…
1Dissent
I am unable to concur in a reversal. The facts are sufficiently set out in the opinion of Mr. Justice Gary. The issue before the Circuit Court was one of legal title to the land in dispute, and the findings of fact on that issue made by the Circuit Judge are binding on this Court, unless they are entirely unsupported by evidence. Johnson v. Jones, 72 S.C. 270,51 S.E., 805. The Circuit Judge says in his decree: "I do not think the possession by Beulah was of such a character and long enough continued to carry notice to the Wageners. Furthermore, Georgianna had a life estate in the land, which…
2Cases cited7 opinions
- Johnson v. JonesSupreme Court of South Carolina · 1905
- Sweatman v. EdmundsSupreme Court of South Carolina · 1888
- Daniel v. HesterSupreme Court of South Carolina · 1888
- Ellis v. YoungSupreme Court of South Carolina · 1889
- State v. Pacific Guano Co.Supreme Court of South Carolina · 1888
2 more not listed; retrieve them via the Exa API.