Gibbes v. Hunter
Supreme Court of South Carolina
Before Prince, J., Columbia, February, 1914. Action by Caroline S. Gibbes, J. Wilson Gibbes, Sarah E. David, Jennie G. Gibbes and Robert W. Gibbes against James E. Hunter, Caroline Nathalie Hunter, James E. Hunter, Jr., and the Bank of Columbia. From a decree, the defendant, the Bank of Columbia, and the plaintiff, J. Wilson Gibbes, both appeal.
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Before Prince, J., Columbia, February, 1914. Action by Caroline S. Gibbes, J. Wilson Gibbes, Sarah E. David, Jennie G. Gibbes and Robert W. Gibbes against James E. Hunter, Caroline Nathalie Hunter, James E. Hunter, Jr., and the Bank of Columbia. From a decree, the defendant, the Bank of Columbia, and the plaintiff, J. Wilson Gibbes, both appeal. The facts are stated in the opinion. cite: Homestead has reference to the physical state of the property rather than the nature and quality of the title: 24 S. C. 36. Lands defined: 1 Nott & McC. 463; 208 Pa. St.’392. Homestead cannot be assigned out…
1Opinion of the Court
The opinion of the Court ivas delivered by
Mr. Justice Gage.
The appeal involves two issues, both of law, one of which is made by the Bank of Columbia and the other of which is made by J. AVilson Gibbes.
Both issues involve the construction of the Constitution and laws touching the homestead.
The facts, in brief, are these: Mrs. Caroline S. Gibbes and her children, one of whom is Wilson, owned in 1898 and now own a house and lot in the city of Columbia; the title therein of the mother was and is for her life; the title therein of the children was and is in fee in the vested remainder; the value…
2Cases cited3 opinions
- Mellichamp v. MellichampSupreme Court of South Carolina · 1888
- Nance v. HillSupreme Court of South Carolina · 1887
- Bank of Columbia v. GibbesSupreme Court of South Carolina · 1899
3Cited by6 opinions
- Denzer v. PrendergastSupreme Court of Minnesota · 1964
- Panagopulos v. Manning Et Ux.Utah Supreme Court · 1937
- In Re ScottiUnited States Bankruptcy Court, D. South Carolina · 2011
- Norwood v. WatsonCourt of Appeals for the Fourth Circuit · 1917
- Ex Parte BeatySupreme Court of South Carolina · 1917
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