Legal Opinion

Sweatman v. Edmunds

Supreme Court of South Carolina

Decided February 10, 1888PublishedCited by 7 opinions

The opinion states the facts of the case. The Circuit decree, omitting its statement, was as follows: The possession of the plaintiffs jointly with tbeir mother, and the purchase by Cloud from the mother the next day after she received titles, at less than one-third of the value of the land, taking into consideration the improvements by George Sweat-man, satisfy me that Cloud had such notice of plaintiffs’ equity as to warrant me in holding him to be a trustee for the…

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The opinion states the facts of the case. The Circuit decree, omitting its statement, was as follows: The possession of the plaintiffs jointly with tbeir mother, and the purchase by Cloud from the mother the next day after she received titles, at less than one-third of the value of the land, taking into consideration the improvements by George Sweat-man, satisfy me that Cloud had such notice of plaintiffs’ equity as to warrant me in holding him to be a trustee for the plaintiffs as to two-thirds of the land. The proof as to the defendant, Eox, is stronger. While he purchased at a somewhat…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice McGowan.

In 1868, Howell Edmunds sold George Sweatman a small tract of land (about thirty acres) for two hundred dollars on a credit. No deed of conveyance was made to Sweatman, but he was put into possession and made-*60improvements on the land. He died intestate in 1871, leaving a small balance of the purchase money still unpaid, and a widow, Bessie-L. Sweatman, and three children (plaintiffs), Lillian, Lucy B., and Georgiana Sweatman. Two maiden sisters of the deceased intestate, George Sweatman, (Agnes and Rachel) lived on' their brother’s…

2Cited by7 opinions

  1. Kirton v. HowardSupreme Court of South Carolina · 1926
  2. Epps v. McCallum Realty CompanySupreme Court of South Carolina · 1927
  3. Scurry v. EdwardsSupreme Court of South Carolina · 1957
  4. Folk v. BrooksSupreme Court of South Carolina · 1912
  5. Oliver v. McWhirterSupreme Court of South Carolina · 1919

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