Legal Opinion

Kimbrell v. Page

Supreme Court of South Carolina

Decided November 24, 1904PublishedCited by 3 opinions

Before Purdy, J., Aiken, December, 1903. Action by Benjamin Kimbrell et al. v. Ophelia Page el al. Prom Circuit order dismissing complaint, plaintiff and defendants, P. C. Cummings and Robert Kimbrell, appeal. cites: Equitable issues must be heard by Court: Code of Proc., 274; 44 S. C., 116; 12 S. C., 108, 411. Judge should have framed issues: 20 Stat., 696. cite: Issue of title in parti-, tion must be tried by jury: 12 S. C., 97; 36 S. C., 559; 41 S. C., 195; 67 S. C., 276.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

In this action for partition of real estate in Aiken County, the defendant, Ophelia L,. Page, and other defendants claiming under her, in possession, resisted, setting up title paramount in themselves.

The “Case” states: “At the October, 1903, term of this Court, the case appeared upon Calendars 1 and 2, and in the regular trial of the jury cases before his Honor, Judge Purdy, this case was tried on Calendar 1, before a jury, upon the issue of title raised by the pleadings upon the evidence submitted, the arguments by counsel and the…

2Cited by3 opinions

  1. Poston v. IngrahamSupreme Court of South Carolina · 1907
  2. Lancaster v. LeeSupreme Court of South Carolina · 1905
  3. Wood v. Pacolet Mfg. Co.Supreme Court of South Carolina · 1908

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