The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1902-08-06
OWNER HOLDS LAND.
Greonville Law Suit With
q LaurenS End TO Tt.
DEFENDANTS Victory I'm Moore VS.. Scott
Victory also for Rev. Mr. Estes
and Mr.. Dial--Interesting Case.

The defendant has won the suit of s.
L.. Moore vs. James Scott In Green
Vile. Below will be found a dispatch
taken from the State about 1t. The
case Is of interest here because similar
suits have been brought by Mr.. Moore
against Rev. Mr.. Estes, present wne
of the old Garrett place In South Har-
per Street and N. b. Dial, who owns
six acres formerly of the Garrett
place. This property formerly be-
lopged to the late Hewlett 6. Moore.
The result in Greenville is in effect o
victory for Messrs. Estes and Dial. AS
the facts are identical in the two
cases, it is probable that the Laurens
cases will not be tried, at least until
the Greenville case is ended finally.
The latter may go to the Supreme
Court. The States dispatch says:
"In the case of Samuel l.. Moore
against James Scott, Judge Gary d.
reoted q verdict for the defendant for
the land in dispute. This track had
been conveyed TO ThOs. J.. Sullivan as
trustee for Hewlett Sullivan Moore,
for life and afterwards for his children.
II. S. Moore got into debt and his cred
itors brought an action Ia Laurens dis
trict to subject his interest in these
lands to such debts. The trustee, Sui
livan, was made a party to this pro-
ceedipg, and so was the l~ife-tenant,
Hewlett S. Moore; but the latter's son,
three years old, Samuel l.. Moore, was
not made a party for the reason that
the creditors only expected to sell the
interest of the life-tenant. The court
Of equity decreed the sale of the life
estate. The court of appealslremanded
the case for the purpose, among other
things OF determining whether It would
be better to sell the entire fee. The
court OF equity decided that 1t would be
best TO sell the whole fee, because the
life interest being uncertain would not
bring a good price. On appeal this de-
cree was affirmed.
The present plaintiff sue upon the
ground that he Is not bound by the
decree Of the laurens court, not having
been made a party to that proceeding.
There being practically no facts in dis
pute, and the whole case depending on
a question Of law, Judge Gary directed
the verdict for the defendant, upon the
ground that the original trust deed
gave the trustee the fee In the land, and
also the power to sell it, with the con
sent of the life-tenant. Both the trus-
tee and the life-tenant were made par
ties to the proceeding before the court
Of equity for Laurens district; If the
infant had been made a party, his pro-
test would have been unavailing, mas
much as the sale Of the land by the
trnstee did not depend upon the decree
OF the court, but upon the power given
to the trustee in the original deed. II
the fee in the land had been limited to
vest in the infant Immediately upon his
fathers death he would have been a
necessary party to the action; but as
the fee was to be continued in the
trustee after that time, for other pur-
poses, the whole matter was in the
hands of the court, and it's decree, with
out making the infant a party, could
dispose OF the land absolutely"