De Hay v. Smith
Supreme Court of South Carolina
Before Bowman, J., Dorchester, July, 1921. Action by Shulie DeHay et al. against C. V. Smith et al. From order sustaining a demurrer to the complaint on the ground of defect of parties interposed by C. V. Smith, the plaintiffs appeal. cite: Question is rule of practice, not jurisdictional: 106 S. C., 494. If brought within a year after death of the owner action would have been premature: 18 S. C., 55; 49 S. C., 61; 106 S. C., 494; 1 Civ.
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Before Bowman, J., Dorchester, July, 1921. Action by Shulie DeHay et al. against C. V. Smith et al. From order sustaining a demurrer to the complaint on the ground of defect of parties interposed by C. V. Smith, the plaintiffs appeal. cite: Question is rule of practice, not jurisdictional: 106 S. C., 494. If brought within a year after death of the owner action would have been premature: 18 S. C., 55; 49 S. C., 61; 106 S. C., 494; 1 Civ. Code 1912, Sec. 3962. No administration within four years after death, Court will presume that there was no estate requiring administration: 1 Civ. Code…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
The facts are thus stated in the record :
“This is an action for partition of 43 acres of land situate in Dorchester County, in said State.
“The complaint states, inter alia‘that T. G. Smith, late a resident of the County of Dorchester and State aforesaid, departed this life intestate on or about the-- day of May, 1917, leaving as his sole heirs at law and distributees of his estate the plaintiffs and the defendants above named, together with his widow, Sarah Smith, who died on or about the-day of September, 1919; (2)- that there…
2Cases cited5 opinions
- Fogle v. St. Michael ChurchSupreme Court of South Carolina · 1896
- Gladden v. ChapmanSupreme Court of South Carolina · 1917
- Lanter v. So. States Life Ins. Co.Supreme Court of South Carolina · 1920
- Grant v. PoyasSupreme Court of South Carolina · 1902
- Thompson v. Equitable Life Assurance Society of United StatesSupreme Court of South Carolina · 1913
3Cited by1 opinion
- Smith v. HawkinsSupreme Court of South Carolina · 1970