Person v. Fort
Supreme Court of South Carolina
Before Dantzler, J., Florence, March, 1902. Action by P. A. Person against W. B. Fort, John Fort, Addison S. Fort, Matilda I. Parker and William Bryant.
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Before Dantzler, J., Florence, March, 1902. Action by P. A. Person against W. B. Fort, John Fort, Addison S. Fort, Matilda I. Parker and William Bryant. From Circuit decree, defendant, William Bryant, appeals. cite: Is defendant barred by laches or statute? 34 S.C., 259; 36 S. C., 322; 27 Ency., 100-105, and notes; Flinton Trusts, secs. 323, 164, 297; 17 S. C., 489; 2 Rich., Eq., 425. Trustee can only use property as directed: 27 Ency., 134. Parties in possession are liable for rental value: 53 S. C., 350. ‘ They cannot hold under statute of distributions: 2 Rich. Eq., 412. cite: Upon payment…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
In this action for partition of land in Florence County, William Bryant was made party defendant in order to have it declared that he had no interest in the premises. The Circuit Court, Judge Dantzler, decreed for partition among the plaintiff and defendants, other than William Bryant, and. adjudged that William Bryant had no interest in the land; but that if he ever had any interest therein, or rigfit to an accounting after the execution of the deed hereinafter set forth, he is now barred by his laches. The appeal questions the…
2Cited by1 opinion
- McAuley v. Orr.Supreme Court of South Carolina · 1914