Levi v. Gardner
Supreme Court of South Carolina
Before Witherspoon, J., Clarendon, October, 1895. Action for possession of real estate by Moses Levi v. John J. Gardner et al. From judgment for defendant, plaintiff appeals. The latter cite: Purchase at sheriff's sale without taking deed gives equitable title: 3 Strob.
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Before Witherspoon, J., Clarendon, October, 1895. Action for possession of real estate by Moses Levi v. John J. Gardner et al. From judgment for defendant, plaintiff appeals. The latter cite: Purchase at sheriff's sale without taking deed gives equitable title: 3 Strob. L-, 190. As to recording: Act of 1785; 2 N. & McC., 105, 578. Declarations of grantor after parting with his interest not admissible: 129 Mass., 312; 108 Mass., 396; 93 U. S., 379. cites: Charge considered as a whole not objectionable: 45 S. C., 146. Equitable title and long possession gives legal title: 28 S. C., 453; 9 S.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This is an action to recover real estate, and the appeal is from a judgment in favor of the defendants. The evidence tended to show that the parties claimed from a common source, Wm. N. Gardner, the husband of the defendant, Elizabeth Gardner. Plaintiff’s claim of title was (1) deed by John R. Thames and A. L. Thames to Wm. Gardner, dated November 21,1838, recorded March 29th, 1876; (2) deed of Wm. N. Gardner to the plaintiff, Moses Levi, dated March 4,1876, recorded March 20,1876, *26on. which the defendant, Elizabeth Gardner, renounced…
2Cited by8 opinions
- Beaufort Land & Investment Co. v. New River Lumber Co.Supreme Court of South Carolina · 1910
- Wilson v. Southern Railway Co.Supreme Court of South Carolina · 1923
- Knox v. BoganCourt of Appeals of South Carolina · 1996
- Hewitt v. Reserve Life InsuranceSupreme Court of South Carolina · 1959
- Battle v. DevaneSupreme Court of South Carolina · 1927
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