Rhode v. Tuten

Citations

• 34 S.C. 496
• 13 S.E. 676
• 1891 S.C. LEXIS 73

Syllabus

<p>1.. Finding of Fact by a referee, concurred in by the Circuit Judge, supported by some testimony, and not manifestly against the weight of all the testimony, approved.</p> <p>2. Use of Land in Support of Infant Heirs. — A widow, having no sufficient means of her own to support her infant children, who had no general guardian, agreed with her father that he should take to his own use for five years a small tract of land of which her intestate husband had died seised, in consideration of the support and maintenance of herself and children during that period. The father performed his part of the contract at an expense which absorbed all the profits of this land. Held, that the contract was within the power of the widow and mother to make, and that her father was not liable to herself or to her children for the rents received by him during this period.</p> <p>3. Statute of Frauds. — The contract having been fully executed, the statute of frauds has no application.</p>