Supreme Court of South Carolina, 1909

Barnes v. Bennett

Supreme Court of South Carolina · Decided December 14, 1909 · Gary, Hydrick

65 S.E. 1101; 84 S.C. 415; 1909 S.C. LEXIS 252 (South Eastern Reporter)

Counsel

Messrs. J.M. Walker, Howell Gruber and C.C. Tracy , for appellant. Messrs. W.D. Bennett and J.G. Padgett , contra. The opinion was filed July 26, but on petition for rehearing, remittur was stayed until

Addendum

After careful consideration of the petition herein this Court is satisfied that no material question of law or of fact has either been overlooked or disregarded.

It is, therefore, ordered that the petition be dismissed and that the order heretofore granted staying the remittur be revoked.

Opinion of the Court

December 14, 1909. The opinion of the Court was delivered by This is an action to set aside a deed for misrepresentation and fraud.

After a most careful consideration of the testimony, we have reached the conclusion, that the findings of fact by the master are sustained by the decided weight of evidence, and that his Honor, the Circuit Judge, erred in dismissing the complaint. *Page 416

It is the judgment of this Court that the judgment of the Circuit Court be reversed, and that the said deed be delivered to the clerk of the Circuit Court for cancellation.

MR. JUSTICE HYDRICK did not sit in this case.

December 14, 1909.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.