Austin v. Hunter
Supreme Court of South Carolina
Before C. C. FeatherstonE, Special Judge, Greenville, June, 1909. Three actions by W. N. Austin et al. v. F. D. Hunter, against T. D. Woods and against J. Arthur Todd. From judgment for defendants, plaintiffs appeal. cite: Kind of evidence to warrant reformation: 67 S. C., 385. What mistake equity will relieve against: 67 S. C., 384; McM. Eq., 453; McC. Ch., 113; 1 Pet., 1; 3 Pom. Eq.
Read the full summary
Before C. C. FeatherstonE, Special Judge, Greenville, June, 1909. Three actions by W. N. Austin et al. v. F. D. Hunter, against T. D. Woods and against J. Arthur Todd. From judgment for defendants, plaintiffs appeal. cite: Kind of evidence to warrant reformation: 67 S. C., 385. What mistake equity will relieve against: 67 S. C., 384; McM. Eq., 453; McC. Ch., 113; 1 Pet., 1; 3 Pom. Eq. Jur., sec. 483. cite: Mistakes may be shown by parol and corrected: 30' Ency., 838; 4 Wig. on Ev., 3399; 44 S. C„ 33; 34 S. C, 401; 38 S. C., 416.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The plaintiffs, as heirs at law of Sallie E. Austin, brought these three actions against the several defendants to recover possession of the tract of land described in the complaints. The three cases depend on the same facts and principles of law, and were tried together in the Circuit Court and in this Court. The defendants claim from Sallie E. Austin, who conveyed the land in dispute to J. Harrison Boyd, from whom they derive title by successive conveyances. In the answers it is admitted that the deed from Sallie E. Austin to J.…
2Cases cited3 opinions
- McMichael v. McMichaelSupreme Court of South Carolina · 1898
- Brock v. O'DellSupreme Court of South Carolina · 1895
- Hutchison v. FullerSupreme Court of South Carolina · 1903
3Cited by3 opinions
- Sullivan v. MooreSupreme Court of South Carolina · 1912
- Church v. MoodySupreme Court of South Carolina · 1914
- Sims v. Camp Creek School Dist.Supreme Court of South Carolina · 1920