Foster v. Bailey
Supreme Court of South Carolina
Before Gary, J., Spartanburg, March, 1908. Action by Amanda E. Foster against W. G. Bailey and T. E. Tucker. From judgment for plaintiff, defendants appeal. cite: Estoppel in pais need not be pleaded: 27 S. C., 235; 81 S. C., 332; 16 Cyc., 778. Evidence as to boundaries admissible: 13 Cyc., 628; 5 Cyc., 937, 940, 969, 971; 38 S. C., 501. Proof of boundaries: 59 S. C., 133; 82 S. C., 131. No additional grounds by respondent can be considered in jury case: 59 S. C., 498. cite:…
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Before Gary, J., Spartanburg, March, 1908. Action by Amanda E. Foster against W. G. Bailey and T. E. Tucker. From judgment for plaintiff, defendants appeal. cite: Estoppel in pais need not be pleaded: 27 S. C., 235; 81 S. C., 332; 16 Cyc., 778. Evidence as to boundaries admissible: 13 Cyc., 628; 5 Cyc., 937, 940, 969, 971; 38 S. C., 501. Proof of boundaries: 59 S. C., 133; 82 S. C., 131. No additional grounds by respondent can be considered in jury case: 59 S. C., 498. cite: Estoppel can not be shown by contradicting deed: 69 S. C., 93; 27 S. C., 380; 81 S. C., 211. Evidence showing fraud not…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This is an action to recover possession of land and resulted in a verdict and judgment for the plaintiff by direction of the Court.
Both parties claim under A. J. Chapman as the common source. In 1898, Chapman was owner of certain premises being lots 4 and 5 as represented on plat of Wofford estate lands, and fronting one hundred and twenty feet on North Church street in the city of Spartanburg, S. C., and defendant, Tucker, was owner of lot No. 3 of said estate land, lying north and adjacent to Chapman’s premises. On March 5, 1898,…
2Cases cited4 opinions
- Southern Railway v. HowellSupreme Court of South Carolina · 1908
- Harman v. Southern Ry.Supreme Court of South Carolina · 1905
- Daniel v. HesterSupreme Court of South Carolina · 1888
- Williams v. JonesSupreme Court of South Carolina · 1906
3Cited by6 opinions
- Powers v. RawlsSupreme Court of South Carolina · 1922
- Epps v. McCallum Realty CompanySupreme Court of South Carolina · 1927
- Goodwin v. HarrisonSupreme Court of South Carolina · 1957
- Liberty Loan Corp. v. MumfordCourt of Appeals of South Carolina · 1984
- Oliver v. McWhirterSupreme Court of South Carolina · 1919
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