Mitchell v. Allen
Supreme Court of South Carolina
Before Watts, J., Spartanburg, October term, 1907. Action by Minnie V. Mitchell and Margaret Mitchell against J. W. Allen. From judgment for plaintiff, defendant appeals. cite: Adult plaintiff is estopped because she actively encouraged defendant to believe he was getting a good title: 67 S. C., 454; 2 Pom.
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Before Watts, J., Spartanburg, October term, 1907. Action by Minnie V. Mitchell and Margaret Mitchell against J. W. Allen. From judgment for plaintiff, defendant appeals. cite: Adult plaintiff is estopped because she actively encouraged defendant to believe he was getting a good title: 67 S. C., 454; 2 Pom. Eq., sec. 803; 12 S. C„ 354; 100 U. S., 578; 102 U. S., 68; 4 A. & E. Dec. in Eq., 258; 70 S. C., 206; 79 S. C., 281. Deed of trust not accepted is not effective: 1 Berry on Trusts, sec. 81. That a trust deed was sealed, probated and recorded is not conclusive of its delivery: 23 S. C.,…
1Opinion of the Court
The opinion herein was filed July 28, but remittitur held up on petition for rehearing until
September 19, 1908. The opinion of the Court was delivered by This is an action to recover a lot of land in the city of Spartanburg.
The land in question and the lot involved in the case ofMitchell v. Cleveland, 76 S.C. 432, 57 S.E., 33, were parts of the same tract of land, and the facts in that case were similar to those in the case under consideration, except in the particular hereinafter mentioned.
One of the plaintiffs' sources of title is a deed alleged to have been executed by H.J. Rowland to…
2Cases cited9 opinions
- Ashe v. Car. & N. W. Ry. Co.Supreme Court of South Carolina · 1903
- Lewis v. HinsonSupreme Court of South Carolina · 1902
- Johnson v. JohnsonSupreme Court of South Carolina · 1895
- Mitchell v. ClevelandSupreme Court of South Carolina · 1907
- Blowers v. Southern Ry.Supreme Court of South Carolina · 1905
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3Cited by2 opinions
- Cantrell v. CarruthSupreme Court of South Carolina · 1967
- Lomartira v. LomartiraSupreme Court of Connecticut · 1970