Legal Opinion

Elrod v. Cochran

Supreme Court of South Carolina

Decided March 13, 1901PublishedCited by 9 opinions

Before Buchanan, J., Anderson, June, 1900. Action for possession of land by Mattie Elrod against Sue Cochran and Isham Cochran.

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Before Buchanan, J., Anderson, June, 1900. Action for possession of land by Mattie Elrod against Sue Cochran and Isham Cochran. From judgment for defendants, plaintiff appeals. cite: Rule of evidence in proving resulting trust: 32 S. C., 595. Presumption of gift to daughter cannot be rebutted by <.showing that wife put title in daughter to prevent its being taken for husband’s debts: 13 Neb., 456; 15 N. J. Eq., 60; 50 Mo., 572; 19 N. J. Eq., 55°5 14 Gray, 277; 17 Ohio St., 480; 32 S. C., 595. Mr. Tribble cites: Act of wife in having land conveyed to daughter to prevent husband’s creditors…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This action was brought to recover possession of a lot or parcel of land in the city of Anderson. Sue Cochran answered the complaint, alleging that plaintiff is seized of said property for the use and benefit of said defendant. 'She further claims that she purchased the lot from M. Kennedy, paid the purchase money thereof, and permitted the title to be executed to plaintiff, who is her daughter, with the understanding that the plaintiff was to hold the title for her benefit; that although the deed was taken in the name of the…

2Cited by9 opinions

  1. Hayne Federal Credit Union v. BaileySupreme Court of South Carolina · 1997
  2. Caulk v. CaulkSupreme Court of South Carolina · 1947
  3. Charles v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907
  4. Legendre v. South Carolina Tax CommissionSupreme Court of South Carolina · 1949
  5. Smith v. Southern Ry.Supreme Court of South Carolina · 1911

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