Sibley v. Sibley
Supreme Court of South Carolina
Before Klugh, J., Chester, April term, 1909. Action by C. M. Sibley and Rhoda Vaughn against Eliza Sibley, W. E. Adams 'and Mary Jane Westbrook. Plaintiffs appeal. cites: Disability of one cotenant does not protect others against presumption of a grant: 48 S. C. 489, 28; 4 Rich. 521. Minor could in i8gp be served by acceptance by guardian: 3 S. C. 321; 6 S. C. 462; 37 S. C. 346; 56 S. C. 107; 18 S. C. 357; 13 S. C. 93; 5 Rich. Eq. 200; 5 Rich. 200; 4 DeS.
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Before Klugh, J., Chester, April term, 1909. Action by C. M. Sibley and Rhoda Vaughn against Eliza Sibley, W. E. Adams 'and Mary Jane Westbrook. Plaintiffs appeal. cites: Disability of one cotenant does not protect others against presumption of a grant: 48 S. C. 489, 28; 4 Rich. 521. Minor could in i8gp be served by acceptance by guardian: 3 S. C. 321; 6 S. C. 462; 37 S. C. 346; 56 S. C. 107; 18 S. C. 357; 13 S. C. 93; 5 Rich. Eq. 200; 5 Rich. 200; 4 DeS. Eq. 87; 3 N. & McC. 21. Possession under marital right is not adverse to other tenants: 11 S. C. 74; 21 Cyc. 1157; 1 Hill Eq. 397; 19 Ency.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
In this action, involving the title of a tract of land containing seventy-four acres, the defendants W. Frank Adams and Mary Jane Westbrook claim two-thirds interest in the disputed land as heirs of their father Abram' Adams, who died in 1856, leaving as his heirs at law his widow Eliza Adams, and his children by her, W. Frank Adams and Mary Jane Adams, who afterwards married J. A. Westbrook. The plaintiffs claim •two-thirds interest in the land as the heirs at law of Charles R. Sibley who married the widow of Abram Adams in the…
2Cases cited9 opinions
- Powers v. SmithSupreme Court of South Carolina · 1908
- Love v. TurnerSupreme Court of South Carolina · 1905
- Potter v. AdamsSupreme Court of Missouri · 1894
- Garrett v. WeinbergSupreme Court of South Carolina · 1896
- Metz v. MetzSupreme Court of South Carolina · 1897
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3Cited by4 opinions
- Wells v. CourseySupreme Court of South Carolina · 1941
- Horne v. CoxSupreme Court of South Carolina · 1960
- Floyd v. PageSupreme Court of South Carolina · 1924
- Wells v. CourseySupreme Court of South Carolina · 1941