Young v. Edwards
Supreme Court of South Carolina
Before Witherspoon, J., Aiken, July, 1889. This was a suit by Olivia Young and others against Patience Edwards and Elizabeth Howard,. commenced May 23, 1877. From the Circuit decree the defendant, Patience Edwards, appealed, because it required her to pay a part of the.costs.
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Before Witherspoon, J., Aiken, July, 1889. This was a suit by Olivia Young and others against Patience Edwards and Elizabeth Howard,. commenced May 23, 1877. From the Circuit decree the defendant, Patience Edwards, appealed, because it required her to pay a part of the.costs. The plaintiffs and Elizabeth Howard appealed on the following grounds: 1. Because the deed from Elizabeth Howard to Frank Edwards being a deed of one tenant in common, made without the consent of the other co-tenants, is null and void, and his honor, the presiding judge, erred in not so deciding. 2. Because the deed from…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver..
This was a proceeding for partition of real estate, and the controversy grows out of ¡the following state of facts. On the 3rd of April, 1871, a certain lot of land in the town of Aiken was duly conveyed to one John Young, the father of the plaintiffs and the husband of the defendant, Elizabeth. Soon after this conveyance was made, John Young died intestate, leaving as his heirs at law his widow, the defendant Elizabeth, who subsequently intermarried with one Peter Howard, and his children, the plaintiffs. On the 3rd of April, 1883,…
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