Legal Opinion

Henderson v. Williams

Supreme Court of South Carolina

Decided March 19, 1900PublishedCited by 2 opinions

Before Benet, J., Greenwood, April extra term, 1899. Foreclosure by W. E- Henderson against Eena Williams, R. R. Tolbert, Jr., and others. Tolbert appeals.

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Before Benet, J., Greenwood, April extra term, 1899. Foreclosure by W. E- Henderson against Eena Williams, R. R. Tolbert, Jr., and others. Tolbert appeals. Statute as to de bene testimony must be strictly construed: 29 S. C., 45; 15 S. E. R.,' 562; 17 S. E. R-, 849. Rule as to recovery of plaintiff in suit for possession of land: 15 S. C., 265. Substantial compliance with Rev. Stats. 2345 to 2347, is all required: 30 S. C., 133, 158; 54 S. C., 159. What purchaser claiming for value without notice must show: 16 S. C., 586. What plaintiff claiming must shozv: 31 S. E. R., 233. Whole charge must…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

This action is brought by the plaintiff against the heirs at law of Reuben Williams to foreclose two mortgages, and R. R. Tolbert was made a defendant under an allegation that he claimed ,some interest in the premises. Tolbert answered, setting up that he was in possession, and was an innocent purchaser of the land for valuable consideration and without notice. The case was placed on Calendar 1 for trial of the issue of title, and was tried before Judge Benet and a jury. We assume that the jury rendered a verdict against the…

2Cited by2 opinions

  1. Crosby v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1908
  2. Wallingford v. West. Union Tel. Co.Supreme Court of South Carolina · 1901

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