Legal Opinion

Ex Parte Pearson

Supreme Court of South Carolina

Decided March 13, 1908No. 6797PublishedCited by 10 opinions

Before Memminger, J., Marlboro, Petition of John F. Pearson, Jamies Pearson, Annie May Pearson et ail. against John F. Breeden in case of Ann E. Pearson, as administratrix of Charles T. Pearson, against Alexander C. Pearson et al., to set aside judgment. From order refusing motion, petitioners appeal.

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Before Memminger, J., Marlboro, Petition of John F. Pearson, Jamies Pearson, Annie May Pearson et ail. against John F. Breeden in case of Ann E. Pearson, as administratrix of Charles T. Pearson, against Alexander C. Pearson et al., to set aside judgment. From order refusing motion, petitioners appeal. The latter cite: Appointment of guardian ad litem was irregular: Buchanan’s Code, 136; 17 S. •C., 439; 23 S', C., 189, 166; 61 S, C„ 577; 25 S. C., 282; 71 a C., 17. Can the record be contradicted by paral testimony? 24 Fncy., 194; 41 S'. C., 1; 19 S. G, 506, 253; 91 S'. W., 68'9. Did Court have…

1Opinion of the Court

The opinion of -the Court was delivered by

Mr. Justice Woods.

This appeal is from an order refusing to open and set aside a decree of Judge Cothran of 5th November, 1886, and the judicial sale of a tract of land made thereunder.

The following agreed statement of facts appears in the record: “In 1857, John Adamls and others conveyed the lands involved herein to John Pear-son 'and his wife, Nancy Pearson, who in turn, in 1870, conveyed to Charles T. Pearson. Nancy Pearson failed- to affix her seal- to the deed, and after her death, John Pearson, her husband, and her other heirs-at-law, joined in…

2Cases cited8 opinions

  1. Harvey v. TylerSupreme Court of the United States · 1865
  2. Mutual Life Insurance v. O'DonnellNew York Court of Appeals · 1895
  3. Lorick & Lowrance v. MotleySupreme Court of South Carolina · 1904
  4. McLaughlin v. ClausenCalifornia Supreme Court · 1897
  5. Chafee v. Postal Telegraph Co.Supreme Court of South Carolina · 1892

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3Cited by10 opinions

  1. Ashfort Corp. v. Palmetto Construction Group, Inc.Supreme Court of South Carolina · 1995
  2. Glover v. BradleyCourt of Appeals for the Fourth Circuit · 1916
  3. St. John's Episcopal Mission Center v. South Carolina Department of Social ServicesSupreme Court of South Carolina · 1981
  4. Coogler v. CrosbySupreme Court of South Carolina · 1911
  5. Ex parte HartSupreme Court of South Carolina · 1938

5 more not listed; retrieve them via the Exa API.

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