Legal Opinion

Sullivan v. Latimer

Supreme Court of South Carolina

Decided March 11, 1892PublishedCited by 9 opinions

Action by William D. Sullivan, as trustee of Martha C. Kav, against John P. Latimer and others, for the recovery of a tract of land. At the close of plaintiff’s testimony, defendant moved for a non-suit on the ground that there ivas no proof of legal title in plaintiff, as the persons holding the legal title were not parties to the proceeding under which the plaintiff was appointed trustee. This motion was refused.

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Action by William D. Sullivan, as trustee of Martha C. Kav, against John P. Latimer and others, for the recovery of a tract of land. At the close of plaintiff’s testimony, defendant moved for a non-suit on the ground that there ivas no proof of legal title in plaintiff, as the persons holding the legal title were not parties to the proceeding under which the plaintiff was appointed trustee. This motion was refused. The judge charged the jury, that “the real issue in the case is whether or not the title of the defendant is protected by what we call prescription, i. e., twenty years adverse…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice McGovlan.

This was an action to recover a tract of land (350 acres), described in the complaint, as trustee of Malinda C. Sullivan, now Kay. As well as we can understand, the leading facts are as follows : Joseph Sullivan departed this life in 184-0, leaving a will, by which he devised the parcel of land in dispute as follows: “I hereby convey and deed to George W. Sullivan, to be held by him in trust, until my son, M. A. Sullivan, arrives of age, then the title to.vest in him, the following property: One tract of land, * * * for the use and…

2Cases cited1 opinion

  1. Elmendorf v. TaylorSupreme Court of the United States · 1825

3Cited by9 opinions

  1. Ex parte JonasSupreme Court of Alabama · 1914
  2. Kirton v. HowardSupreme Court of South Carolina · 1926
  3. Bradley v. CalhounSupreme Court of South Carolina · 1921
  4. Oliver v. McWhirterSupreme Court of South Carolina · 1919
  5. Scovill v. ScovillSupreme Court of South Carolina · 1939

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