Legal Opinion

Weaver v. Whilden

Supreme Court of South Carolina

Decided June 25, 1890PublishedCited by 2 opinions

Before Fraser, J., Greenville, October, 1889. This was an action by George W. Weaver and others against R. Furman Whilden for the-recovery of a tract of land, commenced in June, 1887. The case turned upon the genuineness of the deed under which plaintiffs claimed, and of a rent contract acknowledging tenancy by the grantor to them, the maker and two witnesses being dead. Several witnesses introduced by plaintiffs testified to the genuineness of these signatures.

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Before Fraser, J., Greenville, October, 1889. This was an action by George W. Weaver and others against R. Furman Whilden for the-recovery of a tract of land, commenced in June, 1887. The case turned upon the genuineness of the deed under which plaintiffs claimed, and of a rent contract acknowledging tenancy by the grantor to them, the maker and two witnesses being dead. Several witnesses introduced by plaintiffs testified to the genuineness of these signatures. Several witnesses of defendant denied them. In reply, says the “Case,” the “plaintiffs introduced a number of witnesses who…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Chief Justice Simpson.

The plaintiffs, appellants here*192in, sought by the action below to recover a certain tract of land situate in Greenville County from the defendant, respondent, alleged to belong to said plaintiffs, and in possession of the defendant. The plaintiffs claimed through an alleged deed of' one John Weaver, purporting to have been executed on November 9, 1860, in the presence of John Arledge and P. S. Hunter as witnesses, to Francis Asbury Weaver, and the defendant claimed under a sheriff’s deed, executed by virtue of a sale of the…

2Cited by2 opinions

  1. Oswald v. County of AikenCourt of Appeals of South Carolina · 1984
  2. McClintock v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1909

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