Christ Church v. Fishburne
Supreme Court of South Carolina
Before Memminger, J., Charleston, January, 1908. Action by Christ Church, Charleston, E. Valeria Wylie et. al. against Sophia H. M. Eishburne, R. G. O’Neale et al.
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Before Memminger, J., Charleston, January, 1908. Action by Christ Church, Charleston, E. Valeria Wylie et. al. against Sophia H. M. Eishburne, R. G. O’Neale et al. From Circuit order appointing a receiver, defendant, Sophia H. M. Eishburne, appeals. cites: Pacts here do not warrant appointment of receiver: Code of Proc., 285; 19 S. C., 293; 27 S. C., 408; 23 Ency., 1052; 4 111. App., 270'; 2 Kay & J., Ill; 34 S. C., 77; 32 S. C., 134. cite: It is proper to appoint receiver of rents in partition suit: 36 S. C., 137; 30 Cyc., 241; 12 Ency., 1173.
1Opinion of the Court
The opinion of the Court was delivered by
Judge Robert Aedrich,
acting Associate Justice in place of Mr. Justice Hydrick, disqualified. This is a proceeding instituted to obtain partition of a lot of land at the corner of Radcliffe and St. Philip’s streets, in the city of Charleston.
The plaintiffs allege their title in full, and claim that they are each entitled to an undivided one-fourth of the premises in fee — that is, that the plaintiff, Christ Church, Charleston, is entitled to one undivided fourth in fee; and that the plaintiff, E. Valeria Wylie, is also entitled to one undivided fourth…
2Cases cited1 opinion
- Pelzer, Rodgers & Co. v. HughesSupreme Court of South Carolina · 1887
3Cited by1 opinion
- Turner v. ByarsSupreme Court of South Carolina · 1954