Garrett v. Weinberg
Supreme Court of South Carolina
Before Witherspoon, J., Sumter, October term, 1897. Action for partition bjr the heirs at law of Thomas Garrett v. Rosa Weinberg and William Osteen. From judgment on verdict for plaintiff, and reversal of motion for new trial, defendants appeal, on following exceptions: ■First.
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Before Witherspoon, J., Sumter, October term, 1897. Action for partition bjr the heirs at law of Thomas Garrett v. Rosa Weinberg and William Osteen. From judgment on verdict for plaintiff, and reversal of motion for new trial, defendants appeal, on following exceptions: ■First. Because the presiding Judge erred, it is respectfully submitted, in admitting in evidence the unified order of J. D. Graham, clerk of said Court (Exhibit L, at folio 379-382), appointing- Jacob Rushing guardian ad litem over the objections of the defendants, when it did not appear that any petition had ever been-made…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice McIver.
This case having been before this Court on three previous occasions, it is not deemed necessary to make a full statement of the case, as that may be obtained from the former appeals, which will be found reported in 43 S. C., 36, 48 S. C, 28, and 50 S. C., 310. It is only necessary now to state that the plaintiffs, recognizing the title of the defendants to one undivided half of the land in dispute, which is now in the possession of the defendants, claim title to the other undivided half, and seek by this action to establish…
2Cases cited1 opinion
- Thompson v. BoisselierSupreme Court of the United States · 1885
3Cited by11 opinions
- State v. BixbyWashington Supreme Court · 1947
- Clark v. RossCourt of Appeals of South Carolina · 1985
- Merck v. MerckSupreme Court of South Carolina · 1909
- Craig v. NorwoodIndiana Court of Appeals · 1915
- County of Maricopa v. Corp.Arizona Supreme Court · 1934
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