Ellen v. Ellen
Supreme Court of South Carolina
Before Hudson, J., Marion, April, 1880. Action commenced in September, 1879, by John H. Ellen, by Caroline M. Ellen, his guardian ad litem, against "William B. Ellen, for the recovery of land. Verdict being for plaintiff, defendant moved for a new trial upon the same grounds, substantially, as were taken in his exceptions to the order of the Circuit judge overruling the motion.
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Before Hudson, J., Marion, April, 1880. Action commenced in September, 1879, by John H. Ellen, by Caroline M. Ellen, his guardian ad litem, against "William B. Ellen, for the recovery of land. Verdict being for plaintiff, defendant moved for a new trial upon the same grounds, substantially, as were taken in his exceptions to the order of the Circuit judge overruling the motion. This order clearly states the case, and was as follows: This was an action by John H. Ellen, the youngest son and only child of David Ellen by a second wife, against an elder half-brother, a son by the first wife, to…
1Opinion of the Court
The opinion of the court was delivered by
Simpson, C. J.
This was an action to recover possession of a tract of land. The plaintiff, respondent, claimed through a deed from his father, David Ellen, executed in 1871, alleging that his father had been in the adverse possession of the land over ten years.
The appellant claimed by deed dated March 12th, 1861, from Zimri Ellen, a son of David, who, it was alleged, had received title from one Robert McKenzie, who derived title in 1804 from Israel Hyatt, a grantee of the State. The deed from Robert McKenzie to Zimri Ellen was not produced on the trial,…
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