Wilson
v.
Wilson Et Al.
v.
Wilson Et Al.
Nov 6, 1930.
Messrs. L.D. Jennings and L.D. Lide , for appellant, cite: Case should not be decided on pleadings where ground for relief is stated: 114 S.C. 382 ; 70 S.C. 572 ; 154 S.C. 138 ; 153 S.C. 305 ; 50 S.C. 557 ; 56 S.C. 38 . Error to construe contract was in nature of a mortgage: 41 C.J., 285; 8 So., 757; 119 S.C. 273 . Party may make a binding agreement to dispose of property under a will: 57 S.C. 341 ; 105 S.C. 496 ; 73 S.C. 155 ; 60 Am. Rep., 107.
Messrs. Epps Levy , for respondents, cite: Construction of complaint by Judge Shipp res adjudicata: 43 S.C. 221 . Procedure proper: 70 S.C. 108 . Contract must be construed according to terms if plain: 105 S.C. 107 ; 140 S.C. 464 ; 28 S.C. 364 .
Brease, Messrs, Coti-Iran, Stabrer, Carter.
The opinion of the Court was delivered by
The order of his Honor, Circuit Judge Grimball, is satisfactory to this Court, and it is affirmed.