Ivester v. Fowler
Supreme Court of South Carolina
Before Wieson, J., Oconee, Spring term, 1917. Action by Mrs. W. C. Ivester against W. W. Fowler and others to recover possession of land.
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Before Wieson, J., Oconee, Spring term, 1917. Action by Mrs. W. C. Ivester against W. W. Fowler and others to recover possession of land. Judgment for defendants, and plaintiff appeals. cites: As to the exclusion of testimony under section 438 of the Code of Procedure: 9 S. C. 279; 11 S. C. 49; 16 S. C. 632; 20 S. C. 567; 26 S. C. 254; 44 S. C. 25; 55 S. C. —; 56 S. C. 390. cite: As to exclusion of parole testimony tending to vary or contradict deed: 76 S. C. 288; 54 S. C. 158; 107 S. C. 521. As to allowing field notes of a dead surveyor and copy of plat to be introduced in evidence: 3…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This is an action to recover possession of land. Both sides claim the land in dispute under the will of John C. Von Belie, who bought several tracts at different times from the German Settlement Society. In 1850 he bought a tract, described as No. 18, of the society’s lands, and containing 163 acres, more or less. In 1871 he bought another tract, described as No. 21, and containing 150 acres, more or less. Both tracts are on Cane Creek, in Oconee county, and, when conveyed to testator, the creek was the dividing line between them.
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2Cases cited2 opinions
- Dennis v. Columbia Electric Street Railway, Light & Power Co.Supreme Court of South Carolina · 1912
- Sexton v. HollisSupreme Court of South Carolina · 1887
3Cited by4 opinions
- In Re Estate of FabianCourt of Appeals of South Carolina · 1997
- Wheeler v. WheelerSupreme Court of South Carolina · 1918
- State v. HomewoodSupreme Court of South Carolina · 1962
- Fender v. FenderCourt of Appeals of South Carolina · 1997