Legal Opinion

Rogers v. Rogers

Supreme Court of South Carolina

Decided April 20, 1898PublishedCited by 7 opinions

Before Buchanan, J., Spartanburg, July, 1897. Action by W. Harvey Rogers and Nimrod Rogers v. Elias Rogers et al.' Judgment for plaintiffs.

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Before Buchanan, J., Spartanburg, July, 1897. Action by W. Harvey Rogers and Nimrod Rogers v. Elias Rogers et al.' Judgment for plaintiffs. Defendants appeal. cite: No resulting trust here: 1 Bay, 450; 61 N. W. R., 237; 114 Mass., 366; 19 S. C., 134; 23 S. C., 266; 4 DeS., 516; 6 S. C., 90; 32 S. C., 595. Plaintiffs barred by laches: 43 S. C., 441; 6 S. C., 90; 47 S. C., 323; 42 S. C., 347. Elias Rogers held lifetime interest in this land by marital rights: 48 S. C., 28. cite: Resulting or imT plied trust may be shown by parol: Rev. Stat., 2693; 14 S. E. R., 419; 13 lb., 215; 4 /¿., 692; 4…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

This action was commenced December 9, 1891, by the plaintiffs, as heirs at law of their mother, Sallie Rogers, deceased, against their father, Elias Rogers, and the other heirs of Sallie Rogers, for the purpose of having a deed of sixty-eight acres of land, which was executed to Elias Rogers, May 14, 1861, by Nimrod' Arnold, the father of Sallie Rogers, declared to be a deed of trust for Sallie Rogers and her heirs; also for an accounting of the rents and profits, and for partition. The cause was heard by Judge Buchanan at July term,…

2Cited by7 opinions

  1. All v. PrillamanSupreme Court of South Carolina · 1942
  2. Green v. GreenSupreme Court of South Carolina · 1960
  3. Privette v. GarrisonSupreme Court of South Carolina · 1959
  4. Bell v. EdwardsSupreme Court of South Carolina · 1907
  5. Cole v. ThompsonU.S. Circuit Court for the District of Northern West Virginia · 1909

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