Larisey v. Larisey
Supreme Court of South Carolina
Before Frank B. Gary, J., Colleton, Action by W. N. Larisey against M. L. Larisey. Plaintiff appeals. cite: Was a resulting trust created here? 39 Cyc. 104, 105, 120, 160-1 ; 90 S. C. 522; 80 S. C. 31. Did appellant acquire a vested interest when deed zvas executed? Rice Eq. 361: 83 S. C. 339; 39 Cyc. 130, 160. Was there delivery of deed to appellant? 44 S. C. 364; 13 Syc. 561-3; Rice Eq. 343; 13 Cyc. 567; 81 S. C. 455; 13 L. R. A. 171; 54 L. R. A. 865. cite: Title becomes…
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Before Frank B. Gary, J., Colleton, Action by W. N. Larisey against M. L. Larisey. Plaintiff appeals. cite: Was a resulting trust created here? 39 Cyc. 104, 105, 120, 160-1 ; 90 S. C. 522; 80 S. C. 31. Did appellant acquire a vested interest when deed zvas executed? Rice Eq. 361: 83 S. C. 339; 39 Cyc. 130, 160. Was there delivery of deed to appellant? 44 S. C. 364; 13 Syc. 561-3; Rice Eq. 343; 13 Cyc. 567; 81 S. C. 455; 13 L. R. A. 171; 54 L. R. A. 865. cite: Title becomes complete only upon offer and acceptance of delivery: 1 Warville on Vendors 583, 584, 588, 589, 591; 41 N. Y. 416; 44 S.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
The rights of the parties to this action, in which plaintiff sues to recover a tract of land, arise out of the following facts: On July 9, 1903, W. N. Larisey, Sr., bought and paid for the land in dispute, but took the title in the name of his nephew and namesake, W. N. Larisey, Jr. At that time, the elder Larisey was a bachelor, who' thought it improbable that he would ever marry, and he had the title made to his nephew because, as he said at the time, he wanted his nephew to have his property after his death.
The title deed was…
2Cases cited2 opinions
- Cook v. PatrickIllinois Supreme Court · 1891
- Manning v. ScrevenSupreme Court of South Carolina · 1899
3Cited by9 opinions
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- Caulk v. CaulkSupreme Court of South Carolina · 1947
- Legendre v. South Carolina Tax CommissionSupreme Court of South Carolina · 1949
- Copeland v. CraigSupreme Court of South Carolina · 1940
- Little v. LittleSupreme Court of South Carolina · 1949
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