Chandler v. Franklin
Supreme Court of South Carolina
Before Hudson, special J., Sumter, December, 1901. From Circuit decree, defendant, in first case, plaintiff in second, appeals. cite: Statute of frauds should be pleaded: 61 S. C., 393; 28 S- C., 175; 8 Ency., 715; 7 Ency., 2 ed., 125. Several papers may be taken together to make up a contract: 8 Ency., 712, 718, 719; 48 S. C., 507. What acts will take case out of statute of frauds: 21 S. C., 480; 9 Ency., 161, 162. Party cannot change his case from that made by pleadings:…
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Before Hudson, special J., Sumter, December, 1901. From Circuit decree, defendant, in first case, plaintiff in second, appeals. cite: Statute of frauds should be pleaded: 61 S. C., 393; 28 S- C., 175; 8 Ency., 715; 7 Ency., 2 ed., 125. Several papers may be taken together to make up a contract: 8 Ency., 712, 718, 719; 48 S. C., 507. What acts will take case out of statute of frauds: 21 S. C., 480; 9 Ency., 161, 162. Party cannot change his case from that made by pleadings: 21 S. C., 221, 242; 11 Ency. P. & P., 864; Black on Judg., sec. 242. Deed must be accepted to complete contract: 9 Ency.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chiee Justice Pope.
The first named action is the ordinary action to recover possession of a tract of seven acres of land, situate near Sumter, S. C. The second named action is one in equity, whereby the plaintiff seeks the aid of the Court to require the cancellation of a deed made by the defendant, Gardner, to his codefendant, Chandler, on the 10th day of November, 1900, for the seven acres of land, which it is the object of the first suit to recover, relying upon the said deed made on 10th November, 1900, and then afterwards that the defendant,…
2Cited by2 opinions
- Edwards v. ColemanSupreme Court of South Carolina · 1927
- Yawkey v. LowndesSupreme Court of South Carolina · 1929