Legal Opinion

Bull v. Fallaw

Supreme Court of South Carolina

Decided April 3, 1918No. 9949PublishedCited by 4 opinions

Before Gary, J., Orangeburg, October, 1916. Action by P. Webb Bull against Anna B. Fallaw and others. Judgment for surplus proceedings of judicial sale, and defendants appeal. Following is the decree of the Circuit Court: “Ordered, adjudged and decreed that the said report be, and the same hereby is, confirmed in all of its particulars and is made the judgment of this Court.

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Before Gary, J., Orangeburg, October, 1916. Action by P. Webb Bull against Anna B. Fallaw and others. Judgment for surplus proceedings of judicial sale, and defendants appeal. Following is the decree of the Circuit Court: “Ordered, adjudged and decreed that the said report be, and the same hereby is, confirmed in all of its particulars and is made the judgment of this Court. “Further, that, in so much as the defendants, Anna B. Fallow and Missouri L. Bozard, are unable to specifically perform their contracts heretofore entered into to sell and convey the premises hereinafter described to the…

1Opinion of the Court

April 3, 1918. The opinion of the Court was delivered by The action was for specific performance. All parties having or claiming any interest in the lands, or what might have been any interest therein, were duly made parties. The plaintiff and defendant, Fallaw, individually and as trustee of Bozard, entered into a contract for the sale of lands described in the pleadings for $20 per acre. This amounted to $4,800. After the contract was entered into several questions arose as to the validity of the title, whether a title in deed in fee simple, clear and unincumbered, could be given. All…

2Cases cited3 opinions

  1. Davenport v. LatimerSupreme Court of South Carolina · 1898
  2. McChesney v. SmithSupreme Court of South Carolina · 1916
  3. Owings v. WoodSupreme Court of South Carolina · 1916

3Cited by4 opinions

  1. Taylor v. Highland Park CorporationSupreme Court of South Carolina · 1947
  2. White v. FELKELSupreme Court of South Carolina · 1954
  3. Ryan v. BarnwellSupreme Court of South Carolina · 1935
  4. Sumner v. BankheadSupreme Court of South Carolina · 1922

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