Yates v. Gridley
Supreme Court of South Carolina
Before Kershaw, J., Aiken, September, 1881. This ease is stated fully in the opinion. Tbe order for publication should be added, which was follows: “ After reading and filing the affidavit of Kate C. Yates, the above plaintiff, of the non-residence of Edward Gridley and Elisha Bisley the above defendants, it is ordered, that said defendants be served by publication in the ‘ Aiken Journal and Bevicw’ once a week for the period of six weeks.”
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Before Kershaw, J., Aiken, September, 1881. This ease is stated fully in the opinion. Tbe order for publication should be added, which was follows: “ After reading and filing the affidavit of Kate C. Yates, the above plaintiff, of the non-residence of Edward Gridley and Elisha Bisley the above defendants, it is ordered, that said defendants be served by publication in the ‘ Aiken Journal and Bevicw’ once a week for the period of six weeks.” Copy-summonses were, however, mailed addressed to the defendants at New York city, but they did not reside there and never received them. They first heard…
1Opinion of the Court
The opinion of the court was delivered by
Simpson, C. J.
The appellant instituted an action for a partition of a tract of land located in Aiken county, of which she and respondents were co-tenants. The respondents being non-residents were made parties by publication. The writ in partition was directed to three commissioners, two of whom alone acted. These two made return and recommended a sale, and Judge Thomson, by a decretal order dated November 11th, 1880, ordered a sale by the clerk, the terms being, cash sufficient to pay all costs and disbursements of the action, and the balance on a…
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- Montgomery v. MullinsCourt of Appeals of South Carolina · 1997
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