Johnson v. Jones
Supreme Court of South Carolina
Before DantzlER, J., Aiken, October, 1904. Action by Joe M. Johnson and Pope Catoe, as executors of Nancy Stevens, John Stevens and Martha Rutland against Nancy J. Jones. The following is the Circuit decree: “This cause was heard by me at the regular June term of the Court of Common Pleas for Aiken County. It came on to be heard upon the testimony reported by the master, and the argument of counsel, and was fully discussed in open Court.
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Before DantzlER, J., Aiken, October, 1904. Action by Joe M. Johnson and Pope Catoe, as executors of Nancy Stevens, John Stevens and Martha Rutland against Nancy J. Jones. The following is the Circuit decree: “This cause was heard by me at the regular June term of the Court of Common Pleas for Aiken County. It came on to be heard upon the testimony reported by the master, and the argument of counsel, and was fully discussed in open Court. The complaint raised equitable issues as to the setting aside of the deed, but the answer raised distinctly legal issues for the recovery of the land in…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The plaintiffs brought this action to set aside a deed executed on the 17th of September, 1902, by Mrs. Nancy Stevens to the defendant, on the ground that Mrs. Stevens did not have mental capacity to make said deed. The answer of the defendant raised an issue of title. She alleged that independently of said deed she was the legal owner of the land, under the will of her father, William Stevens, by which he devised the land to her in remainder. His Honor, the Circuit Judge, rendered a decree in which he held that the deed was null and…
2Cases cited7 opinions
- Loan & Exchange Bank v. PeterkinSupreme Court of South Carolina · 1898
- Johnson v. JohnsonSupreme Court of South Carolina · 1887
- Johnson v. JohnsonSupreme Court of South Carolina · 1895
- Curtis v. RennekerSupreme Court of South Carolina · 1891
- Garvin v. GarvinSupreme Court of South Carolina · 1899
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3Cited by7 opinions
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- Kershaw v. BurnsSupreme Court of South Carolina · 1912
- Stack v. HaiglerSupreme Court of South Carolina · 1912
- Bratton v. Catawba Power Co.Supreme Court of South Carolina · 1908
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