Legal Opinion

Garrett v. Weinberg

Supreme Court of South Carolina

Decided November 25, 1896PublishedCited by 13 opinions

Before Watts, J., Sumter, Action by John A. Garrett, Harriet D. Singletary, John Norton, Davis Norton, George Norton, Mary Norton, Anna Norton, Charles Norton, and Douisa Rushing, by Jacob Rushing, her guardian ad litem, against Rosa Weinberg and William D. Osteen, for partition of real estate. The defendants claim through the following deed, executed by the widow of Thos. Garrett, the ancestor, and her second husband: The State of South Carolina.

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Before Watts, J., Sumter, Action by John A. Garrett, Harriet D. Singletary, John Norton, Davis Norton, George Norton, Mary Norton, Anna Norton, Charles Norton, and Douisa Rushing, by Jacob Rushing, her guardian ad litem, against Rosa Weinberg and William D. Osteen, for partition of real estate. The defendants claim through the following deed, executed by the widow of Thos. Garrett, the ancestor, and her second husband: The State of South Carolina. Know all men by these presents, That we, John S. Moore and Elizabeth Moore, in the State aforesaid, in consideration of the sum of $500 to us in…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This action was commenced in January, 1893, for partition of real estate, and has heretofore been before this Court on a question of demurrer. The demurrer was overruled, and the defendants filed their answers setting up the defenses hereinafter mentioned. The case was tried before Judge Watts and a jury, at the October, 1895, term of the Circuit Court for Sumter County, and resulted in a judgment for defendants, from which plaintiffs have appealed to this Court.

Thomas Garrett died in 1865, leaving as his heirs at law his widow,…

2Cited by13 opinions

  1. Weston v. MorganSupreme Court of South Carolina · 1931
  2. Atlantic Coast Line Railroad v. SearsonSupreme Court of South Carolina · 1926
  3. Lewis v. PopeSupreme Court of South Carolina · 1910
  4. Frady v. IvesterSupreme Court of South Carolina · 1921
  5. Mitchell v. HamiltonSupreme Court of South Carolina · 1914

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