Dinkins v. Simons
Supreme Court of South Carolina
Before Gagr, J., Action by John D. Dinkins, as executor of A. H. Dinkins, deceased, against W. J. Simons, as committee of Robert J. Palmer, a lunatic, and others. Prom a judgment for plaintiff, defendants appeal.
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Before Gagr, J., Action by John D. Dinkins, as executor of A. H. Dinkins, deceased, against W. J. Simons, as committee of Robert J. Palmer, a lunatic, and others. Prom a judgment for plaintiff, defendants appeal. Dinkins never acquired -equitable title: 32 S. C. 57. The contract lacked the essentials of a mortgage: 78 S. C. 181; 31 S. C. 280-281; 55-S. C. 70-71; 61 S. C. 579; 82 S. C. 558. Specific performance not of right: 53 S. C. 572; 70 S. C. 351; 79 S. C. 143. Objection to testimony of interested party): 47 S. C. 292; 28 S. C. 73; 64 S. C. 293; 89 S. C. 350. Receipts insufficient to show…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This is an action in which the plaintiff seeks the aid of the Court, in the enforcement of an option to purchase a tract of land, under the following agreement:
“State of South Carolina, Richland County.
“This agreement, made this 7th day of February, A. D. 1903, by R. 'J. Palmer, of the first part, and Ainsley PI. Din-kins, of the second part, both of the county and State aforesaid, witnesseth:
“That the part}'' of the first part does hereby lease, demise and to farrn^ let, to the party of the second part, that tract of land, * * *…
2Cases cited4 opinions
- Good v. JarrardSupreme Court of South Carolina · 1912
- Devereux v. McCradySupreme Court of South Carolina · 1896
- Whitmire v. BoydSupreme Court of South Carolina · 1898
- Peake v. YoungSupreme Court of South Carolina · 1893
3Cited by4 opinions
- Welling v. CroslandSupreme Court of South Carolina · 1924
- Hamilton v. HamerSupreme Court of South Carolina · 1914
- Bush v. AldrichSupreme Court of South Carolina · 1918
- Mason v. FinleySupreme Court of South Carolina · 1924