Smith v. Clinkscales
Supreme Court of South Carolina
Before Gary, J., Abbeville, September, 1914. Action by Florence Sullivan Smith against James F. Clinkscales and Ellen Sherard Thomson to recover an undivided interest in real propert}*-, and to partition the same. From an order sustaining a demurrer to the complaint, the plaintiff and Mrs. Thomson appeal.
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Before Gary, J., Abbeville, September, 1914. Action by Florence Sullivan Smith against James F. Clinkscales and Ellen Sherard Thomson to recover an undivided interest in real propert}*-, and to partition the same. From an order sustaining a demurrer to the complaint, the plaintiff and Mrs. Thomson appeal. The order of the Circuit Judge was as follows: This suit was instituted by the plaintiff for the partition of certain real estate, particularly described in the complaint, between the plaintiff, the defendant, James F. Clinkscales, and Mrs. Ellen Sherard Thomson. The real estate was at one…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Omitting the description of the land, and the reservation to the grantor, the deed to be construed reads as follows:
“Know all men by these presents that I, Albert J. Clink-scales, of the county of Abbeville, of the State aforesaid, for and in consideration of the natural love and affection I have and bear for my two sons, James F. Clinkscales and John T. Clinkscales, of the said State and county, have granted, bargained, sold and released unto the-James F. Clinkscales and John T. Clinksales, all that plantation or tract of land in…
2Cases cited6 opinions
- CarLee v. EllsberrySupreme Court of Arkansas · 1907
- Shaw v. RobinsonSupreme Court of South Carolina · 1894
- Glenn v. JamisonSupreme Court of South Carolina · 1897
- Chavis v. ChavisSupreme Court of South Carolina · 1900
- Clinkscales v. ClinkscalesSupreme Court of South Carolina · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Alderman v. AldermanSupreme Court of South Carolina · 1935
- First Carolinas Joint S.L. Bk. of Cola. v. FordSupreme Court of South Carolina · 1935
- Bank of Prosperity v. DominickSupreme Court of South Carolina · 1921
- Three States Coal Co. v. Mollohon Mfg. Co.Supreme Court of South Carolina · 1926
- Drummond v. DrummondSupreme Court of South Carolina · 1928
7 more not listed; retrieve them via the Exa API.