McCreary v. Coggeshall
Supreme Court of South Carolina
Before Aldrich, J., Darlington, Fall Term, 1904. Action by Jas. H. McCreary, John A. McCreary, Sue H. Hawthorne, J. R. Hawthorne, Mary FI. McClelland, J. J. McClelland and Mattie E. Massey against A. C. Coggeshall, W D. Coggeshall and George Morrell.
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Before Aldrich, J., Darlington, Fall Term, 1904. Action by Jas. H. McCreary, John A. McCreary, Sue H. Hawthorne, J. R. Hawthorne, Mary FI. McClelland, J. J. McClelland and Mattie E. Massey against A. C. Coggeshall, W D. Coggeshall and George Morrell. From judgment for plaintiffs, defendants appeal. cite: The rules governing merger at law and in equity are different: 15 Ency., 314-5; 47 S. C., 297; 57 S. C., 182; 64 S. C., 193; 16 Cyc., 665; 20 Ency., 2 ed., 588; 16 S, C., 330; 28 S. C., 486; 23 S. C., 315. Mere intention or interest of parties does not prevent merger in this State: 16 S. C.,…
1Opinion
A judgment was recovered by the plaintiffs for the possession of a tract of land containing 630 acres, and defendants appeal. As it is necessary at every point of the discussion to have in view the precise terms of certain portions of the will of Thomas Hunter, under which both parties claim title, they are here set out in full: "Item. I lend to my grand-daughter, Mary Ann Coleman,for and during the term of her natural life and no longer,all my lands situate, lying and being on Belly Ache, including George King's old place, and also Henry King's supposed to contain nine hundred acres, and…
2Cases cited36 opinions
- Smith v. . RobertsNew York Court of Appeals · 1883
- Factors' & Traders' Insurance v. MurphySupreme Court of the United States · 1884
- Watson v. Dundee Mortgage & Trust Investment Co.Oregon Supreme Court · 1885
- People's Loan & Exchange Bank v. GarlingtonSupreme Court of South Carolina · 1899
- C. M. Hapgood Shoe Co. v. First National BankCourt of Appeals of Texas · 1900
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