Carmichael v. Carmichael
Supreme Court of South Carolina
Before Prince, J., Dillon, Spring term, 1917. Action by A. B. Carmichael and others against W. D. Carmichael and others. Judgment for defendants, and plaintiffs appeal. cite: As to issues for jury in equity cases: Code of Civil Procedure, sec. 312; Circuit Court Rule 28; 76 S. C. 509; 65 S. C. 455; 34 S. C. 69; 13 S. C. 332; 49 S. C. 425; 27 S. E. 467; 49 S. C. 345. As to public policy and fraud: 61 S. C. 505; 87 S. C. 4-5; 57 S. C. 421-426 ; 5 Rich.
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Before Prince, J., Dillon, Spring term, 1917. Action by A. B. Carmichael and others against W. D. Carmichael and others. Judgment for defendants, and plaintiffs appeal. cite: As to issues for jury in equity cases: Code of Civil Procedure, sec. 312; Circuit Court Rule 28; 76 S. C. 509; 65 S. C. 455; 34 S. C. 69; 13 S. C. 332; 49 S. C. 425; 27 S. E. 467; 49 S. C. 345. As to public policy and fraud: 61 S. C. 505; 87 S. C. 4-5; 57 S. C. 421-426 ; 5 Rich. Eq. 461; 30 S. C. 478; 24 S. C. 10; 89 S. C. 270; 5? ■ S. C. 425; 108 S. C. 271; 30 S. C. 469. Finding of jury without weight: 5 Rich. Eq. 461;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
This is an action to set aside a deed (if it was executed) for fraud.
The deed was executed, and there was no fraud.
The undisputed testimony is:
Mrs. Margaret Carmichael Perritt was a childless widow. Mr. Perritt, her deceased husband, was a widower with chil ■ dren by a former marriage when he married Miss Carmichael. There were some white people living on Mrs. Perritt’s place for a time after her husband’s death. They moved away leaving her alone, except for the presence of two colored servants who lived in a servants’- house near…
2Cases cited2 opinions
- Montague v. BestSupreme Court of South Carolina · 1903
- Tuten v. McAlhaneySupreme Court of South Carolina · 1917
3Cited by3 opinions
- Momeier v. John McAlister, Inc.Supreme Court of South Carolina · 1939
- Page v. LewisSupreme Court of South Carolina · 1943
- Morrison v. Union Indemnity Co.Supreme Court of South Carolina · 1931