Fitzpatrick v. Wylie
Supreme Court of South Carolina
Before Klugh, J., Lancaster, May 30, 1906. Action by Thomas M. Fitzpatrick and John H. Fitzpatrick against W. Gill Wylié, Bessie Mclnnis and Susan Melton. From Circuit decree, all parties appeal. cites, in support of his contention that James R. Massey took a fee simple in the lands, the adjudications in Jones v. Massey, 7 S. C., 134; 9 S. C., 376; 14 S. C., 292. for defendant Wylie, who is in like interest with plaintiff, make same citations. Mclnnis and Melton.
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Before Klugh, J., Lancaster, May 30, 1906. Action by Thomas M. Fitzpatrick and John H. Fitzpatrick against W. Gill Wylié, Bessie Mclnnis and Susan Melton. From Circuit decree, all parties appeal. cites, in support of his contention that James R. Massey took a fee simple in the lands, the adjudications in Jones v. Massey, 7 S. C., 134; 9 S. C., 376; 14 S. C., 292. for defendant Wylie, who is in like interest with plaintiff, make same citations. Mclnnis and Melton. The former cites': There is nothing in Jones v. Massey, 7 S. C., 134; 9 S. C., 376; 14 S. C., 292, giving James Massey a fee simple…
1Opinion
In consideration of the petition for rehearing in this case we have carefully reviewed the entire record and the arguments of counsel, and have reached the conclusion that the judgment of this Court should be modified, by holding that James R. Massey took a life estate not only in the tract of four hundred and eighty-five acres, as held in the decree, but also in one-fourth of the tract of eleven hundred and sixty-six acres. Notwithstanding the intricacy of the cause, growing out of the prolonged and confused litigation and the loss of portions of the record, this result is capable of…
2Cases cited1 opinion
- Jones v. MasseySupreme Court of South Carolina · 1880