Erskine v. Erskine
Supreme Court of South Carolina
Before Prince, J., Anderson, Action by Joseph N. Erskine against J. J. Erskine and others. Judgment for defendants, and plaintiff appeals. The opinion of the Circuit Court is as follows: The plaintiff seeks by this action to enforce against the executors and legatees of the estate of his mother, Mrs. Margaret M. Erskine, an alleged contract made between him and his mother.
Read the full summary
Before Prince, J., Anderson, Action by Joseph N. Erskine against J. J. Erskine and others. Judgment for defendants, and plaintiff appeals. The opinion of the Circuit Court is as follows: The plaintiff seeks by this action to enforce against the executors and legatees of the estate of his mother, Mrs. Margaret M. Erskine, an alleged contract made between him and his mother. The substance of his claim is that Mrs. Erskine on the 8th day of April, 1905, conveyed to him the tract of land described in the complaint, and that thereafter, at her urgent request, he entered into an agreement with her…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
1 The facts of the case are fully stated in the opinion of the Circuit Court, which-will be reported. It is unnecessary for us to decide whether the Circuit Court erred in holding the testimony of the Hewins incompetent, because this - Court waived objection to their testimony, and, after giving it due consideration, reached the conclusion, in which we concur, that, upon consideration of all the evidence, including that of the Hewins, plaintiff failed to prove his case by that measure of proof required in cases like this, which is…
2Cases cited3 opinions
- Raleigh C.R. Co. v. JonesSupreme Court of South Carolina · 1916
- Safren v. MeyerSupreme Court of South Carolina · 1916
- Osteen v. BultmanSupreme Court of South Carolina · 1912
3Cited by12 opinions
- Collier v. GreenSupreme Court of South Carolina · 1964
- Holly Hill Lumber Co., Inc. v. McCoySupreme Court of South Carolina · 1942
- Momeier v. John McAlister, Inc.Supreme Court of South Carolina · 1939
- Young v. LevySupreme Court of South Carolina · 1945
- Johnstone v. MatthewsSupreme Court of South Carolina · 1937
7 more not listed; retrieve them via the Exa API.