Supreme Court of South Carolina, 1915

Smith v. Byers

Smith v. Byers
Supreme Court of South Carolina · Decided September 30, 1915 · Gary, Hydrick, Messrs, Watts, Gage, Fraser
86 S.E. 481; 102 S.C. 215; 1915 S.C. LEXIS 195 (South Eastern Reporter)

Smith v. Byers

Opinion of the Court

September 30, 1915. The opinion of the Court was delivered by For the reasons assigned by his Honor, the Circuit Judge, the judgment of the Circuit Court is affirmed.

MESSRS. JUSTICES WATTS and GAGE concur in the opinion of the Court.

MR. JUSTICE HYDRICK. I concur in the result, because I do not agree to the proposition that the exclusive possession of a life tenant may not inure to the benefit of remaindermen.

MR. JUSTICE FRASER was disqualified, and did not sit in this case.

Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Gary.

For the reasons assigned by his Honor, the Circuit Judge, the judgment of the Circuit Court is affirmed.

Messrs. Justices Watts and Gage coucur in the opinion of the Court..

Concurring Opinion

Mr. Justice Hydrick.

I concur in the result, because I do not agree to the proposition that the exclusive possession of a life tenant may not inure to the benefit of remainder-men.

Mr. Justice Fraser was disqualified, and did not sit in this case.

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