Rivers v. Atlantic Coast Lumber Corp.
Supreme Court of South Carolina
Before Memminger, J., Berkeley, February, 1908. Action by Henrietta M. Rivers against Atlantic Coast Lumber Corporation, Frances D. McCay, Ella Kinard and Annie Andrews. From- Circuit decree, defendant, Atlantic Coast Lumber Corporation, appeals. Mr. Davis cites: Timber should have been set apart to appellant in kind: Freeman on C. & P., secs. 424, 537; 2 Strob. Eq., 145; 24 S. C., 594; 4 Pom. Eq., sec. 1390; 21 Ency., 1199; 93 Ala., 85; 101 Ala., 183; 2 Ind.
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Before Memminger, J., Berkeley, February, 1908. Action by Henrietta M. Rivers against Atlantic Coast Lumber Corporation, Frances D. McCay, Ella Kinard and Annie Andrews. From- Circuit decree, defendant, Atlantic Coast Lumber Corporation, appeals. Mr. Davis cites: Timber should have been set apart to appellant in kind: Freeman on C. & P., secs. 424, 537; 2 Strob. Eq., 145; 24 S. C., 594; 4 Pom. Eq., sec. 1390; 21 Ency., 1199; 93 Ala., 85; 101 Ala., 183; 2 Ind. Eq., 607; 2 Jones Eq., 66; 69 N. C., 522; 49 Conn., 517; 11 Heisk., 669; 26 Md., 23; 3 So., 581; 75 Miss., 667; 8 Cow., 361; 37 W. Va.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This action is for the partition of lands in Berkeley county, composed of several tracts, aggre gating thirty-seven hundred and sixty-four acres. Charles G. McCay died in April, 1879, seized of the lands described in the complaint. By his will the lands were devised to Thomas A. McCay for life, and upon his death to his children then surviving. Thomas McCay died November 1, 1905, leaving surviving him his daughters, Henrietta M. Rivers, plaintiff, and Frances D. McCay, Ella Kinard and Annie Andrews, defendants, and a son, Charles FI.…
2Cited by3 opinions
- Cumbie v. CumbieSupreme Court of South Carolina · 1964
- Smith v. PearsonSupreme Court of South Carolina · 1947
- Cooley v. CooleySupreme Court of South Carolina · 1952