Linder v. Nicholson Bank & Trust Co.

(dissenting) : I am unable to give my assent to the conclusions reached by the Chief Justice in the main opinion, and I must, in justice to my own convictions, set forth, briefly, the grounds of my dissent.

It must be borne in mind that we are dealing with a demurrer to a complaint and not with the case on its merits. Under the rule, the allegations of the complaint are taken to be true. It is gleaned from the complaint that Dr. W. L. Linder conveyed his property, consisting of real estate situate in the City of Union, S. C., to Nicholson Bank & Trust Company, in trust, to hold and manage and…