Culler v. Crim
Supreme Court of South Carolina
Before Klugh, J., Lexington, February, 1898. Action by Rachel M. Culler v. Henry Crim, and the heirs at law of David B. Culler, for possession of land and partition. The following is so much of the Circuit decree as throws light on the questions decided: This cause was heard by me at Lexington, at the fall term, 1897, upon the pleadings and testimony taken by a referee.
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Before Klugh, J., Lexington, February, 1898. Action by Rachel M. Culler v. Henry Crim, and the heirs at law of David B. Culler, for possession of land and partition. The following is so much of the Circuit decree as throws light on the questions decided: This cause was heard by me at Lexington, at the fall term, 1897, upon the pleadings and testimony taken by a referee. It appears that M. J. Rucker recovered judgment against David B. Culler and two others, on the 21st day of June, 1881, upon a note dated February 9, 1878. Execution was issued upon said judgment, whereupon Culler claimed…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
In 1881, M. J. Rucker recovered a judgment against David B. Culler, and two other parties, upon a note dated in 1878. Execution was issued upon said judgment, whereupon Culler claimed homestead. Culler remained in possession of the land until his death in 1893. H. A. Spann was appointed administrator of his estate, and under proceedings thereafter instituted in the probate court to sell the real estate in aid of assets to pay debts, a tract containing 133 acres, being a part of the land which had been assigned to David B. Culler as a…
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