Legal Opinion

Colclough v. Briggs

Supreme Court of South Carolina

Decided May 28, 1913No. 8558PublishedCited by 2 opinions

Before Ernest Gary, J., Clarendon, February, 1913. Action by S. M. Colclough against A. J. Briggs, R. B. Smyth, Mike Powell and E- Smyth, as executors of R. R. Briggs, on the following complaint: (1) “That the plantiff is a resident of Ridge Spring,/ Saluda county, State aforesaid.

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Before Ernest Gary, J., Clarendon, February, 1913. Action by S. M. Colclough against A. J. Briggs, R. B. Smyth, Mike Powell and E- Smyth, as executors of R. R. Briggs, on the following complaint: (1) “That the plantiff is a resident of Ridge Spring,/ Saluda county, State aforesaid. (2) “That the defendants are the duly qualified executohs of the estate of R. R. Briggs, deceased, late of the county and State aforesaid; that A. J. Briggs resides at Summer-ton, county and State aforesaid; that Mike Pbwell resides at Newman, State of Georgia; that E. A. Smyth resides at Blacksburg, State of…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Gary.

This is an action for damages, alleged to have been sustained by the plaintiff, on account oí a breach of the warranty in the deed described in the complaint.

The defendants demurred to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action. His Honor, the Circuit Judge, overruled the demurrer and the defendants appealed.

In order to understand the questions involved, it will be necessary to set out the complaint and the exceptions, in the report of the case.

We will consider the…

2Cited by2 opinions

  1. Dupre Company v. RailwaySupreme Court of South Carolina · 1914
  2. Colclough v. BriggsSupreme Court of South Carolina · 1914

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