Milton v. Pace
Supreme Court of South Carolina
Before Gage, J., Greenwood, April, 1908. Action by Alice Milton against Rebecca I. Pace. From judgment for defendant, plaintiff appeals. cites: Was trustee holding for remaindermen as well as life tenant: 33 S. C., 73; S3 S. C., 335; 35 S. C., 519; 36 S. C., 398. Did statute of uses execute the use: 4 Rich.
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Before Gage, J., Greenwood, April, 1908. Action by Alice Milton against Rebecca I. Pace. From judgment for defendant, plaintiff appeals. cites: Was trustee holding for remaindermen as well as life tenant: 33 S. C., 73; S3 S. C., 335; 35 S. C., 519; 36 S. C., 398. Did statute of uses execute the use: 4 Rich. Eq., 476; 78 S. C., 153; 10 S. C., 585; 54 S. C., 396, 433; 76 S. C., 486; 33 S- C., 115; 43 S. C., 347; 67 S. C., 131. Is plaintiff barred by statute: 3-5 Cyc., 1337, 1367,1373; Dud. Eq., ISO; 3 Fearne on Rem., Sec. 61; 59 S. C., 446, 507; Rich. Eq., 361; 3 Rich. Eq., 359; 16 S. C., 330;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Ci-iiEE Justice Jones.
This action for the recovery of a tract of land in Greenwood .County was by consent withdrawn from the jury and submitted to the presiding Judg'e, Hon George W. Gage, for decision, both sides having moved for the direction of a verdict, conceding that the issue was one of law only upon the undisputed facts. Judge Gage gave judgment for the defendant on the legal issues.
Both parties claim under William J. Lomax, as the common source of title. The plaintiff claims under a deed by William J. Lomax to. Warren G. Lomax, as trustee,…
2Cases cited7 opinions
- Young v. McNeillSupreme Court of South Carolina · 1907
- Shaw v. RobinsonSupreme Court of South Carolina · 1894
- Satcher v. GriceSupreme Court of South Carolina · 1898
- Benbow v. LeviSupreme Court of South Carolina · 1897
- Kaufman v. CarterSupreme Court of South Carolina · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Moyle v. CampbellSupreme Court of South Carolina · 1923
- Miller v. LeairdSupreme Court of South Carolina · 1992
- Boney v. CornwellSupreme Court of South Carolina · 1922