McIntosh v. Kolb
Supreme Court of South Carolina
Before SéasE, J., Sumter, Spring term, 1918. Action for partition. From an order of nonsuit, plaintiffs appeal. submits: It cannot be doubted but that when the deed of 1881 was made to Mary A. Weeks and her children, the effect in the beginning was to make her and her children tenants in common: 91 S, C. 216; 41 S. E. 898. The minority- of one or more of the tenants in common protects all of them from the adverse possession: 15 S. C. 365; 48 S. C. 472; '3 Rich. 418; 1 Bailey…
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Before SéasE, J., Sumter, Spring term, 1918. Action for partition. From an order of nonsuit, plaintiffs appeal. submits: It cannot be doubted but that when the deed of 1881 was made to Mary A. Weeks and her children, the effect in the beginning was to make her and her children tenants in common: 91 S, C. 216; 41 S. E. 898. The minority- of one or more of the tenants in common protects all of them from the adverse possession: 15 S. C. 365; 48 S. C. 472; '3 Rich. 418; 1 Bailey 192.' The estate conveyed Mary A. Weeks and her then living children opened and let in the other children who came into…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Plaintiffs appeal from an order of nonsuit. They sued in 1915 for partition of a tract of land, claiming six-sevenths thereof. Defendants denied that plaintiffs had any interest and pleaded the statute of limitations and title in themselves by adverse possession. The sole issue made by the pleadings and evidence was the issue of title in defendants, and that issue was tried before the Court and a jury.
Prom plaintiffs’ evidence it appeared that on October 26, 1831, W. W. Weeks and Harriet E. Harvin, for $100 paid by Mary A. Weeks,…
2Cases cited3 opinions
- Roundtree v. RoundtreeSupreme Court of South Carolina · 1887
- Folk v. HughesSupreme Court of South Carolina · 1915
- Sudduth v. SumeralSupreme Court of South Carolina · 1901
3Cited by9 opinions
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- Bruch v. Benedict Barnes Bros.Wyoming Supreme Court · 1946
- Atlantic Coast Line Railroad v. SearsonSupreme Court of South Carolina · 1926
- Lynch v. LynchSupreme Court of South Carolina · 1960
- Mullis v. WinchesterSupreme Court of South Carolina · 1961
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