McCreery v. Davis
Supreme Court of South Carolina
Before Witherspoon, J., Richland, April, 1893. Action by Charles W. McCreery against J. Henry Davis for specific performance, commenced February 3, 1893. From a decree dismissing the complaint, the plaintiff appealed on the following grounds: 1. Because his honor held that, “according to the uniform decisions of the courts of this State, marriage has been adjudged to be a civil contract.” 2. Because his honor held that, “assuming that marriage is a civil status, that can be…
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Before Witherspoon, J., Richland, April, 1893. Action by Charles W. McCreery against J. Henry Davis for specific performance, commenced February 3, 1893. From a decree dismissing the complaint, the plaintiff appealed on the following grounds: 1. Because his honor held that, “according to the uniform decisions of the courts of this State, marriage has been adjudged to be a civil contract.” 2. Because his honor held that, “assuming that marriage is a civil status, that can be modified or changed by the law of the domicile, it does not follow that the judgment of divorce changing the matrimonial…
1Opinion of the Court
The opinion of the court was delivered by
Me. Justice Pope.
On the 3d day of January, 1893, the plaintiff and defendant entered into a written agreement, *199whereby the plaintiff, for a valuable consideration, agreed to sell and convey to the defendant, free of encumbrance or defect of title of any character, two certain lots of land, situate in the County of Eichland, in the Stato of South Carolina. When the plaintiff tendered his deeds of conveyance of said two lots of land to the defendant, the defendant refused to accept said deeds, claiming that the same were not free from encumbrance or…
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