Buist v. Williams
Supreme Court of South Carolina
Before DrVorB, J., Greenville, December, 1908. Action by Eliza F. Buist against J. Hudson Williams et al. From Circuit order, J. Hudson Williams and William B. Williams appeal. The latter cite: Plaintiff can not nozv contest the construction of the trust clause first adopted by her: 51 Am.
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Before DrVorB, J., Greenville, December, 1908. Action by Eliza F. Buist against J. Hudson Williams et al. From Circuit order, J. Hudson Williams and William B. Williams appeal. The latter cite: Plaintiff can not nozv contest the construction of the trust clause first adopted by her: 51 Am. St. R., 414. Amendment changing substantially the claim will not be allowed during trial: 80 S. C.. 213; 64 N. E. R., 426. Plaintiff’s predicament is not result of mistake: 14 S. C., 324; 36 S. C„ 578; 47 S. C„ 393; 73 S. C., 202; 51 Tenn., 154; 46 N. H., 40; 49 S. C., 516; 51 S. C., 164; 4 Rich. Eq., 354;…
1Opinion of the Court
August 10, 1909. The opinion of the Court was delivered by This is an appeal from an order allowing an amendment to a complaint.
The facts are thus stated correctly, in the argument of the appellant's attorneys:
"In 1877 and 1897 the plaintiff signed, as surety, two bonds given by her husband, the defendant, Hugh B. Buist, for the performance of his duty as trustee of certain funds entrusted to him by order of Court. To secure these bonds she executed two mortgages upon certain land, standing in her name. Desiring to cut this land into lots and sell it, she now brings this action, asking that…
2Cases cited1 opinion
- Taylor v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1908
3Cited by1 opinion
- Schein v. LamarCourt of Appeals of South Carolina · 1985