Kennedy v. Williams
Supreme Court of South Carolina
Before Townsend, J., Kershaw, September, 1900. Action for possession of land by Alfred E. Kennedy, Josephine E. Cureton and Annie K. McDowall against David R. Williams, jr., trustee, Sallie K. Winkler, E. D. Blakeney, A. K. Blakeney, Lilian M. Blakeney and E. Miller Boykin.
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Before Townsend, J., Kershaw, September, 1900. Action for possession of land by Alfred E. Kennedy, Josephine E. Cureton and Annie K. McDowall against David R. Williams, jr., trustee, Sallie K. Winkler, E. D. Blakeney, A. K. Blakeney, Lilian M. Blakeney and E. Miller Boykin. From judgment for defendant, Williams, plaintiffs appeal. cites: As to service on minors: Code, 155, sub. 2, 1591 57 S. C., 551. Payment of purchase money to another than one designated by order, is no payment: 39 S. C., 537; 9 Rich. Eq., 392; 15 S. C., 164; 13 S. E. R., 195. Recitals in Mrs. C — ’s deed bind her devisee:…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary."
The facts of this case are thus stated in the decree of his Honor, the Circuit Judge:
“This is an action brought -by the plaintiffs against the defendant, David R. Williams, jr., to recover the possession of the real estate, described in the complaint. Being an action at law, it was at issue as a case to be tried by a jury; but trial by jury was duly waived by all parties, and the question of title, involving questions of fact and law thereon, was submitted to the Court, all other questions raised in the pleadings being reserved. By…
2Cited by2 opinions
- Kaylor v. HillerSupreme Court of South Carolina · 1907
- Barrett v. MoiseSupreme Court of South Carolina · 1901