Miller v. Graham
Supreme Court of South Carolina
Action for partition by B. E. Miller, Walter C. Miller, J. . Clarence Miller, and Bessie D. Miller against Benjamin Graham. The following is the decree of Judge A drich, who tried all the issues: This is an action in partition, brought by the plaintiffs, who are the children of India J. Miller, alleging that they are each entitled to one undivided one-fifth portion of the premises described in the complaint, and the defendant to the remaining fifth.
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Action for partition by B. E. Miller, Walter C. Miller, J. . Clarence Miller, and Bessie D. Miller against Benjamin Graham. The following is the decree of Judge A drich, who tried all the issues: This is an action in partition, brought by the plaintiffs, who are the children of India J. Miller, alleging that they are each entitled to one undivided one-fifth portion of the premises described in the complaint, and the defendant to the remaining fifth. The defendant answers, denying the title of the plaintiffs, and alleging absolute title in himself, and an issue is thus raised on the law side…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
This action was commenced in September, 1895, in the Court of Common Pleas for Barnwell County, in this State, for partition of a tract of land among the plaintiffs and defendant as tenants in common therein. The defendant, in his answer, denied such tenancy in common, and alleged that he was in sole and exclusive possession of said tract of land, as the sole owner in fee simple thereof. It seems that Bryant Weathersbee made a deed to said tract of land on the 25th day of March, 1882, to his daughter, Mrs. India J. Miller, who is the…
2Cited by8 opinions
- Williams v. GauseSupreme Court of South Carolina · 1909
- Davis v. StraussSupreme Court of South Carolina · 1934
- Carolina Timber Co. v. HoldenSupreme Court of South Carolina · 1912
- Smith v. HannaSupreme Court of South Carolina · 1949
- Mattison v. MattisonSupreme Court of South Carolina · 1903
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