Dumas v. Carroll
Supreme Court of South Carolina
Before Memminger, J., Charleston, - term, -. Action by M. Dumas against Thomas W. Carroll and another. Decree for plaintiff, and defendarits appeal.
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Before Memminger, J., Charleston, - term, -. Action by M. Dumas against Thomas W. Carroll and another. Decree for plaintiff, and defendarits appeal. The following is the agreed statement of facts and decree appealed from: On August 1, 1867, one S. N. Hart conveyed to Robert Fleming the premises 305 King street, and bond and mortgage was given for two-thirds of purchase price, which was satisfied of record March 17, 1869. On July 20, 1868, he executed to John F. Meyers, trustee, a deed to this property which was duly recorded, wherein he recited the purchase from S. N. Hart and terms thereof,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice; Hydrick.
The statement of facts upon which the case was heard, which will be reported, shows that plaintiff has not the legal title to the lot which'he contracted to convey. The deed from Robert Fleming to John F. Meyers (1868) was upon trust, inter alia, “that said trustee, or his heirs or successors in the trust, shall convey the premises to such persons and for such estates as Anna Dora Fleming, by her last will and testament, shall direct.” It is clear, therefore, that the trust was not executed, and that the legal title has never…
2Cases cited3 opinions
- Ayer v. RitterSupreme Court of South Carolina · 1888
- Humphrey v. CampbellSupreme Court of South Carolina · 1900
- Manning v. ScrevenSupreme Court of South Carolina · 1899
3Cited by10 opinions
- Kirton v. HowardSupreme Court of South Carolina · 1926
- Cagle v. SchaeferSupreme Court of South Carolina · 1920
- Caulk v. CaulkSupreme Court of South Carolina · 1947
- Legendre v. South Carolina Tax CommissionSupreme Court of South Carolina · 1949
- Des Champs v. MimsSupreme Court of South Carolina · 1928
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