Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1896-05-01
JUDGMENT FOR PLAINTIFF.

Judge Witherspoon, on Monday, filed
bis decision in the case Of Tilman Il.
Gaines vs. J. 8. Drakeford. The decision
is in favor Of the plaintiff.
AS explained at the time Of the trial
before the jury, the issue was between
Tilman r. Gaines and the deacons Of the
Yorkville Baptist church. Gaines held
the paper title to the property, claimed
that he had bought the lot on which the
building is situated with his own money
and allowed the congregation to use 1t as
long as he SAW fit; but when the congre-
CATION went out Of the building into
another and ceased to use it for church
purposes, made demand for the lot.
The church people set up two defenses.
One a question of fact and the other q
question Of equity. In the first place 1t
claimed that it held the property for more
than 20 years, and, therefore, had acquired
title to it, if in no other way, by right Of
possession. In the second place, it claim
ed that the money used in the purchase Of
the lot and erection Of the building had
been paid to the plaintiff as trustee, and,
therefore, although the property may be
in plaintiffs name and even his by right
of possession; but, all the same, it reverts
to defendant for the reason that it was or
iginally purchased with trust funds sub
scribed for the benefit of the defendant.
In charging the jury, Judge Wither-
spoon said that the law made no distinc-
ton between the building and lot. The
owner of one was the owner of both. In
other words, the building would have to
90 with the lot, and the question was who
was the legal owner Of the lot. The jury
first disposed of the right of possession
question and settled 1t in favor of the
plaintiff. The resulting trust question
was also submitted to the jury ito aid the
conscience of the court" The question
was submitted in the following form:
"Did the plaintiff, Tilman R. Gaines,
pay the purchase money for the lot Of
land described in the complaint in the
above action at the time Of said purchase,
with money contributed and received by
him to purchase lot for the Baptist
church at Yorkville, 8. CT" .s,
On this matter, his honor explained
that the law was explicit In requiring
absolute proof To be merely satisfied
that the purchase was made with trust
funds was not sufficient. The matter
must he established beyond doubt.
Otherwise the answer to the question
must be mo" After celebrating over
the proposition for some time, the jury
finally announced that there had not been
sufficient evidence to enable it to answer
the question.
The opinion filed by Judge Witherspoon
in the case is quite lengthy. His honor
reviews all of the material points In the
testimony, finds several irreconcilable
conflictions, and finally arrives at the con-
clusion that although there was reason to
believe that there was a resulting trust,
the fact had not been established beyond
reasonable doubt, and, therefore, under
the law, he must decide in favor Of the
Plaintiff Gaines.
The plaintiff was represented by Major
James F. Hart, and the defendant by w.
B. de Loach, Esq. Mr.. de Loach has Civ
en- notice ofan appeal, and the case will
probably 60 up to the supreme court.