Shiver v. Arthur
Supreme Court of South Carolina
Before Gary, J., Sumter, April, 1898. xA.ction by Martha E. Shiver vs. Wm. L. Arthur, Caroline W. Arthur, and Lander Porter. The Circuit decree is as follows: On the 14th day of January, 1885, the plaintiff, Martha E. Shiver, executed and delivered to the defendant, W. L. Arthur, a deed of conveyance absolute and regular on its face, conveying to the said Arthur a tract of land containing 200 acres, more or less, situated in Sumter County.
Read the full summary
Before Gary, J., Sumter, April, 1898. xA.ction by Martha E. Shiver vs. Wm. L. Arthur, Caroline W. Arthur, and Lander Porter. The Circuit decree is as follows: On the 14th day of January, 1885, the plaintiff, Martha E. Shiver, executed and delivered to the defendant, W. L. Arthur, a deed of conveyance absolute and regular on its face, conveying to the said Arthur a tract of land containing 200 acres, more or less, situated in Sumter County. It appears that, prior to the execution of said deed, the plaintiff had various business transactions with the mercantile firm of W. L. Arthur & Brother,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The facts out of which this controversy arose are stated in the decree of the Circuit Judge, which, together with the exceptions, will be set out in the report of the case.
We will first consider the findings of fact upon which the Circuit Judge rested his conclusions, as if the burden of proof were upon the defendants. The plaintiff bases her cause of action on the alleged fact that the deed absolute on *190its face was, by agreement of the parties, intended as a mortgage, and not upon the fact that the transaction was a conditional sale.…
2Cited by7 opinions
- Brockington v. LynchSupreme Court of South Carolina · 1922
- Francis v. FrancisSupreme Court of South Carolina · 1907
- F. Gregorie & Son v. HamlinSupreme Court of South Carolina · 1979
- Mason v. FinleySupreme Court of South Carolina · 1924
- Miller v. PriceSupreme Court of South Carolina · 1903
2 more not listed; retrieve them via the Exa API.