Myers v. Burnsides
Supreme Court of South Carolina
Before Shipp, J., Richland, February-, 1910. Action by David Myers against Meeker MeCaots Burn-sides in bier own right and as executrix. Plaintiff appeals.
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Before Shipp, J., Richland, February-, 1910. Action by David Myers against Meeker MeCaots Burn-sides in bier own right and as executrix. Plaintiff appeals. No- argument furnished reporter. cites: A judgment should not be set aside by collateral-attack: 83 S-. C. 170; 62 S. C. 540; 34 S. C. 460; 125 N. C. 177. Where it can be done judicial sales will be supported: 18 S-. C. 126; 16 S1. C. 281; 23 S. C. 514; 25 S. C. 275; 77 S. C. 393. Jurisdictional defects must appear of record: 48 S. 'C. 569; 71 S. C. 397; 1 Green Ev., sec. 19; 47 S. C. 518; 79 S. C. 306; 10 Pet. 449; 72 S. E. 149. The…
1Opinion of the Court
The opinion in -this case was filed on August 10, 1911, but remittitur held up on petition- for rehearing until-
The opinion of the Oou-rt was delivered by ’
Mr. Justice Hydrick.
1 This is an ¡action at law to recover possession of real estate wbidhi plaintiff claims as heir of Baron DeKalb Myers. Byi consent, the issues were tried by the Court upon the testimony, which was taken and reported by the master. The Court found: 1. That the evidence did not warrant the finding that title was ever in Baron DeKalb Myers: 2. That plaintiff is an illegitimate son of Baron DeKalb Myers, and therefore not…
2Cited by1 opinion
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