Pool v. Evans
Supreme Court of South Carolina
Before Watts, J., Laurens, October, 1899. Action to vacate a deed for fraud and for accounting by Joseph Pool against the members of the Sinking Fund Commission and W. A. Neal. From order overruling his demurrer, defendant, Neal, appeals.
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Before Watts, J., Laurens, October, 1899. Action to vacate a deed for fraud and for accounting by Joseph Pool against the members of the Sinking Fund Commission and W. A. Neal. From order overruling his demurrer, defendant, Neal, appeals. Mr. Tribble cites : Complaint does not state a cause of action against Neal alone: Rev. Stat., 351; 31 S. C., 547; 40 S. C., 1x4. Payment of purchase money without possession will not take a parol contract for land out of statute of frauds: 25 S. C., 506; 27 S. C., 348; 18 S. C., 471. The Commission is necessary party: 23 S. C., 295; 97 U. S., 423; 43 S. C.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
This action was commenced on the second day of October, 1896, upon the following complaint :
“First. For a first cause of action: 1. That the defendant, John Gary Evans, is governer of the State of South Carolina; that the defendant, James Norton, is comptroller general of said State; that the defendant, W. T. C. Bates, is State treasurer of said State; that the defendant, W. A. Barber, is attorney general of said State; that the defendant, D. E. Finley, is chairman of the finance committee of the Senate of ■ said State, and the…
2Cases cited1 opinion
- Carden v. SpilmanTennessee Supreme Court · 1847
3Cited by4 opinions
- McCall v. BatsonSupreme Court of South Carolina · 1985
- McCall ex rel. Andrews v. BatsonSupreme Court of South Carolina · 1985
- Matthews v. MontgomerySupreme Court of South Carolina · 1940
- Heyward v. ChristensenSupreme Court of South Carolina · 1908