Briggs v. Jackson

Lewis, Chief Justice:

This appeal involves the propriety of (1) an award of attorney’s fees in a partition action and (2) the requirement that a certain portion of the land involved be sold to pay the fees, if not paid within sixty (60) days.

An action was instituted by plaintiffs (respondents) in 1976 for the partition among the parties of several tracts of land in Florence County according to their respective rights and interests. The issues were contested and involved a construction of the provisions of a will in order to determine the quantity and quality of the estates owned by the parties…