Church v. Moody
Supreme Court of South Carolina
Before Spain, J., Dillon, 1913. Action for partition of lands by Baler Church against Clyde Scott and W. T. Moody. Prom a decree in favor of plaintiff, the .defendant, Moody, appeals. The decree appealed from is as follows: By consent of all parties this action for partition was. heard by me at chambers upon an agreed statement of facts, a jury trial upon the issue of title having- been waived.
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Before Spain, J., Dillon, 1913. Action for partition of lands by Baler Church against Clyde Scott and W. T. Moody. Prom a decree in favor of plaintiff, the .defendant, Moody, appeals. The decree appealed from is as follows: By consent of all parties this action for partition was. heard by me at chambers upon an agreed statement of facts, a jury trial upon the issue of title having- been waived. Briefly stated, the facts are as follows: On November 12, 1893, Nathan Scott, then being the owner of the land sought to be partitioned in this action, conveyed the same to1' his wife, Margaret Scott,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Eraser.
This was an action for partition, in which the appellant, Moody, was made a party, because it was alleged he claimed some interest. Moody did claim one-half interest in fee and the other half in remainder. The rights of the appellant depend upon the construction of the deed of N. S. Scott to Margaret Scott.
3,3 The case was heard before Judge Spain. The decree of Judge'Spain is affirmed, for the reason therein set forth; and for the additional reason that when this deed is construed in the light of the warranty, as in Austin v.…
2Cases cited1 opinion
- Austin v. HunterSupreme Court of South Carolina · 1910
3Cited by6 opinions
- Briarcliffe Acres v. BRIARCLIFF REALTY CO., INC.Supreme Court of South Carolina · 1974
- First Carolinas Joint S.L. Bk. of Cola. v. FordSupreme Court of South Carolina · 1935
- Coleman v. GaskinsSupreme Court of South Carolina · 1932
- Phipps v. HardwickSupreme Court of South Carolina · 1979
- Cox v. NewbySupreme Court of South Carolina · 1915
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