Gibbes v. Clement

• Decision Date: 08 December 1911
• Citation: 72 S.E. 1017,90 S.C. 150
• Parties: GIBBES et al. v. CLEMENT.
• Court: South Carolina Supreme Court

72 S.E. 1017

90 S.C. 150

GIBBES et al. v. CLEMENT.

Supreme Court of South Carolina

December 8, 1911

Appeal from Common Pleas Circuit Court of Charleston County; S.W. G Shipp, Judge.

"To be officially reported."

Action by James O. Gibbes and others against R. Lebby Clement. From an order dissolving a temporary injunction, plaintiffs appeal. Affirmed.

Frank F. Herndon, for appellants. Wm. Henry Parker, for respondent.

WOODS J.

This is an appeal from an order of Judge Shipp, dissolving a temporary order of injunction, granted at the instance of the plaintiffs, restraining the defendant from interfering with the plaintiffs, or disturbing their possession of a tract of farm land situated in Berkeley county.

The complaint upon which the temporary order was granted alleged that the plaintiffs were the heirs of Robert Gibbes deceased, who at the time of his death was the owner in fee of the land, and that they were in possession; that the defendant R. Lebby Clement claimed title through a deed from Robert Gibbes to himself; and that he "will undertake to have plaintiffs vacate said premises the first part of the coming year, unless he is enjoined and restrained from doing so." The complaint further alleged that the deed had been secured by imposition and undue influence exercised by the defendant over Gibbes, and prayed that it should be canceled on this ground. Affidavits from Robert Gibbes, Jr. and from Darcus Brown, widow of Robert Gibbes, Sr., were also submitted, supporting the allegations of the complaint, and alleging that if the plaintiffs should be ejected from their home they would have no other place in which to seek shelter.

Upon the hearing of the motion to dissolve the temporary injunction, affidavits were submitted on behalf of the defendant, denying that the deed had been procured by fraud or undue influence, and alleging that it had been executed by Robert Gibbes with full knowledge of its meaning, and upon full consideration, consisting of the payment and cancellation of several mortgages previously made by the grantor, which were held by the grantee. Upon this showing Judge Shipp dissolved the temporary order of injunction, holding that the plaintiffs had not alleged sufficient grounds to warrant equitable interference.

In deciding whether the plaintiffs had rights which required for their protection an order of injunction, the showing made by both sides must be considered....