Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
  • Mr. T.M. Cathcart, for appellants, cites: Lunatic's contract void: Devereux's Kinne's Kent, 189. Evidence: Wharton's Law of Ev., Vol 1 (2nd Ed.), Sec. 812, 750, Sec. 1254, 389. Inquisition of lunacy cannot be traversed in Probate Court: 10 S.C. 82. Messrs. McDonald McDonald, and W.D. Douglas, for respondents, cite: Judgment of lower Court not disturbed unless appellant shows there was prejudicial error: 86 S.C. 256; 103 S.C. 238; 97 S.C. 335; 106 S.C. 436. Same, findings were against preponderance of evidence: 135 S.C. 182; Id., 368. Courts of law and equity have concurrent jurisdiction in cases of fraud: 105 S.C. 371; 38 S.C. 199. Effect of mental incapacity: 8 R.C.L., 947, Sec. 22; 1 Dev. Deeds, Sec. 73. Witness in interest competent to testify as to communication between person deceased and a third person: 9 S.C. 279; 44 S.C. 25; 11 S.C. 36; 16 S.C. 631; 55 S.C. 510; 56 S.C. 385; 38 S.C. 272; 35 S.C. 537. Ex parte adjudication of insanity not conclusive of the fact of incapacity: 105 S.C. 343; 119 S.C. 212. Before seeking relief from a contract must return all benefits received: 4 R.C.L., Secs. 23, 24, 511, 512; 52 S.C. 109; 9 C.J., 207-209; 133 S.C. 483; 56 S.C. 508.
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Click here to upload
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
  • Mr. T.M. Cathcart, for appellants, cites: Lunatic's contract void: Devereux's Kinne's Kent, 189. Evidence: Wharton's Law of Ev., Vol 1 (2nd Ed.), Sec. 812, 750, Sec. 1254, 389. Inquisition of lunacy cannot be traversed in Probate Court: 10 S.C. 82. Messrs. McDonald McDonald, and W.D. Douglas, for respondents, cite: Judgment of lower Court not disturbed unless appellant shows there was prejudicial error: 86 S.C. 256; 103 S.C. 238; 97 S.C. 335; 106 S.C. 436. Same, findings were against preponderance of evidence: 135 S.C. 182; Id., 368. Courts of law and equity have concurrent jurisdiction in cases of fraud: 105 S.C. 371; 38 S.C. 199. Effect of mental incapacity: 8 R.C.L., 947, Sec. 22; 1 Dev. Deeds, Sec. 73. Witness in interest competent to testify as to communication between person deceased and a third person: 9 S.C. 279; 44 S.C. 25; 11 S.C. 36; 16 S.C. 631; 55 S.C. 510; 56 S.C. 385; 38 S.C. 272; 35 S.C. 537. Ex parte adjudication of insanity not conclusive of the fact of incapacity: 105 S.C. 343; 119 S.C. 212. Before seeking relief from a contract must return all benefits received: 4 R.C.L., Secs. 23, 24, 511, 512; 52 S.C. 109; 9 C.J., 207-209; 133 S.C. 483; 56 S.C. 508.
See more information ...
Smart Summary

CATHCART ET AL. v. STEWART ET AL.

March 27, 1928. The opinion of the Court was delivered by

MR. JUSTICE BLEASE.

After a careful examination of the record in this cause, the Court is satisfied with the able decree of his Honor S.W.G. Shipp, Circuit Judge, and the same will be reported.

The judgment of the Court is that all of the exceptions be dismissed, and the decree of the Circuit Court be and the same is hereby affirmed.

MR. CHIEF JUSTICE WATTS and MESSRS. JUSTICES COTHRAN and STABLER concur.

Use AI to get other relevant cases.
Try AI Pro free for 7 days Upgrade to AI Pro

Comments

CATHCART et al. v. STEWART et al
(Mar 27, 1928)