Kilgore v. Kirkland
Supreme Court of South Carolina
Before Izlar, special J., Kershaw, December, 1902. Action by Jesse Kilgore et al. against Frank P. Kirkland et al. From Circuit decree and judgment, defendants appeal. cite: As to refusal of nonsuit and new trial: 14 Fncy., 2 ed., 1042; Sedg. & Wait. T. Title to Land, sec. 729; 64 S. C., 485; 14 S. C., 189; 16 S. C., 132; 50 S. C., 167; 1 Ency., 2 ed., 843. As to notice of recorded will: 20 Ency., 1 ed., 800; 24 Ency., 2 ed., 149, 150, 146; 20 S. C., 23; 2 Pom. Eq.
Read the full summary
Before Izlar, special J., Kershaw, December, 1902. Action by Jesse Kilgore et al. against Frank P. Kirkland et al. From Circuit decree and judgment, defendants appeal. cite: As to refusal of nonsuit and new trial: 14 Fncy., 2 ed., 1042; Sedg. & Wait. T. Title to Land, sec. 729; 64 S. C., 485; 14 S. C., 189; 16 S. C., 132; 50 S. C., 167; 1 Ency., 2 ed., 843. As to notice of recorded will: 20 Ency., 1 ed., 800; 24 Ency., 2 ed., 149, 150, 146; 20 S. C., 23; 2 Pom. Eq. Jur., 100; 2 Pom. Eq. Jur., 223. Grantor may be estopped, and grantee not: 23 Ency., 2 ed., 478. Expired possession gives no…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
Statement of Facts.
The facts out of which the issues in this case arise are so complicated that we have deemed it advisable to set out the complaint, which is as follows:
“The plaintiffs, complaining' of the defendants, allege:
“I. That James L. Kilg'ore, late of the county, then district, of Kershaw, departed this life on the 15th day of January, 1850, leaving in full force and effect his last will and testament, bearing date October 26th, 1849, and which was duly admitted.to probate in the then court of ordinary for said district, now…
2Cases cited7 opinions
- Burnett v. CrawfordSupreme Court of South Carolina · 1897
- Garrett v. WeinbergSupreme Court of South Carolina · 1896
- Robertson v. Blair & Co.Supreme Court of South Carolina · 1899
- Fricks v. LewisSupreme Court of South Carolina · 1887
- Duren v. KeeSupreme Court of South Carolina · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Catawba Indian Tribe of South Carolina v. State of S.C.Court of Appeals for the Fourth Circuit · 1992
- Catawba Indian Tribe of South Carolina v. South CarolinaCourt of Appeals for the Fourth Circuit · 1992
- Bardin v. Commercial Insurance & TrustSupreme Court of South Carolina · 1909
- Civil v. ToomeySupreme Court of South Carolina · 1916
- Clarke v. JohnsonSupreme Court of South Carolina · 1929
3 more not listed; retrieve them via the Exa API.