Legal Opinion

Whitmire v. Boyd

Supreme Court of South Carolina

Decided October 5, 1898PublishedCited by 10 opinions

Before Aldrich, J., Greenville, April, 1898. Action in foreclosure by Thos. B. Whitmire v. H. Y. Boyd, B. M. McGee, Frank Hammond, W. A. Fowler, J. B. Red-wine and W. A. Hudson, trustee.

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Before Aldrich, J., Greenville, April, 1898. Action in foreclosure by Thos. B. Whitmire v. H. Y. Boyd, B. M. McGee, Frank Hammond, W. A. Fowler, J. B. Red-wine and W. A. Hudson, trustee. The following is so much of the Circuit decree as is necessary to understand the issues and his conclusions thereon: This case comes before this Court upon the pleadings, order of reference, orders made by the master, the testimony taken by him, his report containing his conclusions upon the facts and the law, the exceptions of the plaintiff, and the exceptions of the defendants, H. Y. Boyd, W. A. Hudson, and…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chiee Justice McIver.

The plaintiff, Whitmire, being the owner of the tract of land described in the complaint — subject, however, to a mortgage held by one McDowell — some time in the fall of 1894, entered into a verbal contract with one A. R. Fowler, for the sale of the land, upon which Fowler paid to Whitmire the sum of $200 on account of the purchase money, and went into possession of the'land. In December, 1894, Fowler, representing himself to be the owner of the land, agreed to sell the land to the defendant, H. Y. Boyd, and put him in…

2Cited by10 opinions

  1. Alderman v. AldermanSupreme Court of South Carolina · 1935
  2. All v. PrillamanSupreme Court of South Carolina · 1942
  3. Epps v. McCallum Realty CompanySupreme Court of South Carolina · 1927
  4. Good v. JarrardSupreme Court of South Carolina · 1912
  5. Bandy v. BandySupreme Court of South Carolina · 1938

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