Legal Opinion

Gadsden v. Westshore Investment Co.

Supreme Court of South Carolina

Decided October 5, 1914No. 8963PublishedCited by 9 opinions

Before Memminger, J., Charleston, January, 1914. Action for specific performance of contract for sale of lands, bought by Helen T. Gadsden, against Westshore Investment Company. From a decree for plaintiff, defendant appeals. The facts are stated in.the decree and opinion.

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Before Memminger, J., Charleston, January, 1914. Action for specific performance of contract for sale of lands, bought by Helen T. Gadsden, against Westshore Investment Company. From a decree for plaintiff, defendant appeals. The facts are stated in.the decree and opinion. The Circuit decree was as follows: “In this case the parties submit a controversy as to whether or not plaintiff has a good marketable title to certain marshlands in Charleston, which defendant shall be required to accept under its contract to purchase same. Under' the agreed statement, which is herewith filed as a part…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice ErasrA

1 The defendant herein made a contract to purchase from die plaintiff a tract of marshland. The defendant refused to comply with the contract, because one link in plaintiff’s chain of title was a tax title and the defendant contends that the tax title is not valid under the statutes of this State. Under the statutes of this State a tax title is presumed to be good and the burden is upon the defendant to show the defect.

There was an agreed statement of facts.

The important facts are as follows:

In 1742 the land was granted by King George…

2Cited by9 opinions

  1. Matthews v. W. T. Freeman Co.Supreme Court of Virginia · 1950
  2. Brevard v. FORTUNESupreme Court of South Carolina · 1952
  3. Harrelson v. REAVESSupreme Court of South Carolina · 1951
  4. West Virginia Pulp & Paper Co. v. ConeCourt of Appeals for the Fourth Circuit · 1946
  5. Walker v. WilliamsSupreme Court of South Carolina · 1948

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