Simon v. Sabb
Supreme Court of South Carolina
Before Aldrich, J., Barnwell, December, 1898. Foreclosure by Joseph A. Simon against Lucretia Sabb, Grace Morgan, Julia Jones, Hannah Mixson, and Peyton M. Cater, on the' following conjplaint: The plaintiff, by his complaint herein, respectfully shows: I. That one John J. Cater, of the county and State aforesaid, departed this life on or about the day of , 18 , leaving a considerable estate in land, which was subsequently, divided among his children, and the tract…
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Before Aldrich, J., Barnwell, December, 1898. Foreclosure by Joseph A. Simon against Lucretia Sabb, Grace Morgan, Julia Jones, Hannah Mixson, and Peyton M. Cater, on the' following conjplaint: The plaintiff, by his complaint herein, respectfully shows: I. That one John J. Cater, of the county and State aforesaid, departed this life on or about the day of , 18 , leaving a considerable estate in land, which was subsequently, divided among his children, and the tract hereinafter mentioned was part and parcel of the share allotted to his daughter, Susan E. Creech, in said division; and thereafter…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
As some of the exceptions raise the question that his Honor, the Circuit Judge, erred in refusing to sustain the demurrer interposed by all the defendants except Peyton M. Cater, it will be necessary to set out the complaint in the report of the case.
*431 *42The first exception alleges error, as follows: “Because his Honor overruled the demurrer to the complaint for defect of parties, and held that the administrator of Caroline Wil*43liams and of Rebecca Williams, persons mentioned in the complaint, were not necessary parties defendant; whereas…
2Cited by3 opinions
- Spigener v. Provident Life, Etc., Ins. Co.Supreme Court of South Carolina · 1928
- Lancaster v. Southern Life Ins.Supreme Court of South Carolina · 1911
- Strickland v. ChaplinSupreme Court of South Carolina · 1942