Legal Opinion

Tindal v. Sublett

Supreme Court of South Carolina

Decided March 12, 1909No. 7115PublishedCited by 4 opinions

Before Prince, J., Clarendon, December, 1907. Action by Helen Tindal et al. against Richard A. Sublett, in his own right and as executor and trustee, and Laura A. Sublett. From Circuit decree, defendants appeal. Messrs.

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Before Prince, J., Clarendon, December, 1907. Action by Helen Tindal et al. against Richard A. Sublett, in his own right and as executor and trustee, and Laura A. Sublett. From Circuit decree, defendants appeal. Messrs. Purdy & O’Bryan and R. J. Bland cite: Degree of soundness of mind necessary to make a valid conveyance: 4 Iv., 443; 64 S. C., 256. Jury and Court are bound by uncontradicted evidence: 52 la., 103; 1 Cow., 109; 173 N. Y., 79; 28 111., 161; 80- 111., 51; 5 Pick., 244; 25 Fed. Cas., No. 15091; 140' U. S., 417; 145 Mo., 502; 150 Mo., 137. Memory of an aged witness is usually…

1Opinion of the Court

The opinion of the 'Court was delivered by

Mr. Justice Gary.

This is an action to set aside a deed on account of undue influence, and for partition.

James H. T'indal died in 1858, leaving as his heirs at law his widow, Sarah Tindal, two sons, who died during the War Between the States, a daughter, Mary Rembert, another daughter, Laura Alice, now Mrs. Sublett, one of the defendants in this case, and his youngest son, Ezra Allen Tindal.

By the terms of his will he devised and bequeathed to his daughter, Mary Rembert, land and slaves, and made similar provision for his daughter, Laura Alice, and his…

2Cases cited2 opinions

  1. Way v. Union Central Life Ins.Supreme Court of South Carolina · 1901
  2. Lampley v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907

3Cited by4 opinions

  1. Devlin v. DevlinSupreme Court of South Carolina · 1911
  2. Ex Parte GadsdenSupreme Court of South Carolina · 1911
  3. Long v. LeaSupreme Court of South Carolina · 1935
  4. Hamer v. DavidSupreme Court of South Carolina · 1927

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